Wisconsin Works (W-2) and Other...W-2 also provides for related employment support services and for...

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Wisconsin Legislative Fiscal Bureau January, 2017 Wisconsin Works (W-2) and Other Economic Support Programs Informational Paper 43

Transcript of Wisconsin Works (W-2) and Other...W-2 also provides for related employment support services and for...

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Wisconsin Legislative Fiscal Bureau

January, 2017

Wisconsin Works (W-2) and Other

Economic Support Programs

Informational Paper 43

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Wisconsin Works (W-2) and Other

Economic Support Programs

Prepared by

John D. Gentry

Wisconsin Legislative Fiscal Bureau

One East Main, Suite 301

Madison, WI 53703

http://legis.wisconsin.gov/lfb

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TABLE OF CONTENTS

Introduction ................................................................................................................................................... 1

W-2 Employment Positions .......................................................................................................................... 2

Eligibility .................................................................................................................................................... 2

Placement in Employment Positions ........................................................................................................... 4

Work Requirements and Time Limits ......................................................................................................... 4

Employer Criteria ........................................................................................................................................ 9

Non-displacement Provisions ..................................................................................................................... 9

Cash Benefits .............................................................................................................................................. 9

Payment Procedures .................................................................................................................................. 11

Child Support ............................................................................................................................................ 11

Other Economic Support Benefits ............................................................................................................ 11

Worker's Compensation ............................................................................................................................ 11

Work Experience Drug Testing and Treatment .......................................................................................... 12

Child Care Under W-2 ................................................................................................................................ 13

Child Care Subsidy Program .................................................................................................................... 13

Indirect Child Care Services ..................................................................................................................... 23

Other W-2 Benefits and Services ................................................................................................................ 27

Job Access Loans ...................................................................................................................................... 27

Transportation Assistance ......................................................................................................................... 28

Pregnant Women ....................................................................................................................................... 28

Minor Custodial Parents ........................................................................................................................... 28

Assistance Payments Exempt from Levy .................................................................................................. 29

Sanctions, Dispute Resolution, Earnings Check, and Overpayments and Fraud ........................................ 29

Sanctions ................................................................................................................................................... 29

Dispute Resolution .................................................................................................................................... 30

Earnings Verification ................................................................................................................................ 31

Overpayments and Fraud .......................................................................................................................... 31

Other Related Programs .............................................................................................................................. 33

Transform Milwaukee and Transitional Jobs Program ............................................................................. 33

FoodShare Wisconsin ............................................................................................................................... 34

Kinship Care ............................................................................................................................................. 35

SSI Caretaker Supplement ........................................................................................................................ 36

BadgerCare Plus........................................................................................................................................ 36

Learnfare ................................................................................................................................................... 36

Children First ............................................................................................................................................ 37

Emergency Assistance .............................................................................................................................. 37

Eligibility for Other Programs .................................................................................................................. 39

W-2 Administration .................................................................................................................................... 39

Contracting Process .................................................................................................................................. 40

Contract Requirements .............................................................................................................................. 40

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Performance Standards ............................................................................................................................. 42

Payment under the Current W-2 Agency Contracts .................................................................................. 42

Program Funding and Participation ............................................................................................................ 44

Program Funding ...................................................................................................................................... 44

2015-17 Revenues and Expenditures ........................................................................................................ 44

Program Participation ............................................................................................................................... 49

Additional W-2 Caseload Information ...................................................................................................... 53

Child Care Participation ............................................................................................................................ 54

List of Attachments

Attachment 1 Maximum Child Care Reimbursement Rates .................................................................. 55

Attachment 2 2015 Market Survey of Licensed Group Child Care Providers ...................................... 58

Attachment 3 2015 Market Survey of Licensed Family Child Care Providers ..................................... 60

Attachment 4 Child Care Copayment Schedule Effective March 6, 2016 ............................................ 62

Attachment 5 Child Care Copayment Schedule for EBT Implementation ............................................ 63

Attachment 6 W-2 Paid Placements By County .................................................................................... 64

Attachment 7 W-2 Participants by Age ................................................................................................. 65

Attachment 8 Number of Children in W-2 Assistance Groups ............................................................. 66

Attachment 9 Interaction Between W-2 and Other Programs ............................................................... 67

Appendices

Appendix A: Nonfinancial Eligibility Requirements for W-2 Employment Positions

and Job Access Loans ...................................................................................................................... 68

Appendix B: General Provisions Regarding Use of Federal Funding under the Temporary Assistance

for Needy Families Program and the Child Care Development Block Grant ................................. 70

TANF Funding ................................................................................................................................ 70

Maintenance-of-Effort (MOE) Requirements ................................................................................. 78

Contingency Fund ........................................................................................................................... 79

Federal Child Care Program and Funding ....................................................................................... 80

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Wisconsin Works (W-2) and Other

Economic Support Programs

Introduction

The temporary assistance for needy families

(TANF) program funds public assistance benefits

with federal block grants to states. The TANF

program allows states to develop, operate, and

implement their own public assistance programs.

In order to receive federal funding, states must

submit a plan describing how the state will con-

duct its statewide TANF program in conformance

with federal regulations (such as work require-

ments and time limits on recipients of TANF

benefits). States are also required to contribute

state funds under maintenance-of-effort provi-

sions.

Previously, public assistance for families with

children in need had been provided under the aid

to families with dependent children (AFDC) pro-

gram beginning in 1935. However, in 1996, the

federal government enacted P.L. 104-193, the

Personal Responsibility and Work Opportunity

Reconciliation Act, which replaced the AFDC

program with TANF. TANF eliminated the fed-

eral entitlement to public assistance that was pre-

viously provided.

At the state level, Wisconsin implemented a

number of welfare reform initiatives beginning in

1987, leading to the replacement of the AFDC

program in Wisconsin. The new program began

statewide on September 1, 1997, and is referred

to as "Wisconsin Works" (W-2). Some recipients

continued to receive benefits under the AFDC

program until March, 1998, when the AFDC pro-

gram ended.

The Department of Children and Families

(DCF) administers the W-2 program and other

economic support and work programs based on

provisions under Chapter 49 of the state's stat-

utes. At the local level, individual W-2 agencies

under contract with DCF are responsible for pro-

gram administration, although DCF issues W-2

benefits as a direct state activity.

As shown in Table 1, TANF-related program

expenditures totaled $566.5 million in 2015-16.

Program expenditures include state and local ad-

ministration, several types of benefit payments,

child care assistance, and other support services.

State general purpose revenue (GPR) expendi-

tures for the program totaled $159.8 million.

Federal funding (FED) includes the federal

TANF block grant, child care block grant fund-

ing, one-time TANF contingency funding, and

other federal funding. The program revenue (PR)

is primarily from child support collections as-

signed to the state by public assistance recipients

and child care licensing fees. The segregated rev-

enue (SEG) is from low-income public benefits

funding, which is appropriated to DCF to support

TANF programs. A detailed listing of these reve-

nues and expenditures is provided in this paper

under "Program Funding and Participation."

Table 1: W-2 and Other TANF-Funded Programs

Total Expenditures (2015-16) GPR $159,781,600

FED 387,085,500 PR 10,513,900

SEG 9,139,700

Total $566,520,700

The remainder of this paper provides detailed

information regarding W-2 employment positions,

child care subsidies, other benefits, and program

administration. In addition, information is present-

ed concerning FoodShare (formerly food stamps),

kinship care, the caretaker supplement, and other

related programs. Data on program funding, ex-

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penditures, and participation are also provided.

Finally, Appendix B outlines the restrictions that

apply to the use of federal TANF and child care

funds and the types of state expenditures that may

be counted toward the TANF maintenance-of-

effort requirement.

W-2 Employment Positions

W-2 is a work-based program providing train-

ing and support services to assist low-income par-

ents to obtain permanent and stable employment.

W-2 also provides for related employment support

services and for cash assistance to eligible fami-

lies. Local W-2 agencies help applicants partici-

pate in work preparation activities, find or keep

jobs, and pay for the costs of maintaining em-

ployment. Eligibility for the program does not en-

title an individual to any service or benefit.

Eligibility

In order to be eligible for a W-2 employment

position for any month, an individual must meet

the nonfinancial and financial eligibility require-

ments described below. Most of those require-

ments are set by statute; however, DCF rules es-

tablish additional eligibility criteria.

Nonfinancial Eligibility Requirements. An

individual must meet certain nonfinancial

eligibility requirements. The main requirements

are summarized below. All nonfinancial eligibility

requirements are fully described in Appendix A.

1. The individual is a custodial parent who

has attained the age of 18.

2. The individual is a U.S. citizen or

qualifying alien.

3. The individual resides in Wisconsin.

4. Every parent of the individual's W-2

group (the individual, his or her spouse or

nonmarital coparent, and any dependent children

and children of dependent children who reside

together) fully cooperates in efforts to establish

paternity of the dependent child and obtain

support payments, unless it is determined that the

parent has good cause for not cooperating.

5. The individual has made a good faith ef-

fort to obtain employment and has not refused a

bona fide job offer within the 180 days immediate-

ly preceding the application for W-2 services.

6. The individual is not receiving federal or

state supplemental security income (SSI)

payments or federal social security disability

insurance (SSDI) payments. If the individual is a

dependent child, the custodial parent of the

individual may not be receiving an SSI caretaker

supplement payment on behalf of the individual.

7. No other individual in the W-2 group is a

participant in a W-2 employment position. This

provision does not apply to an individual applying

for a job access loan (described below).

8. The individual assigns to the state any

right of the individual or of any dependent child of

the individual to support or maintenance from any

other person that accrues during the time that any

W-2 benefit is paid to the individual.

Financial Eligibility Requirements. An

individual also must meet all of the following

financial eligibility requirements in order to

qualify for a W-2 employment position.

Resource Limitation. The individual is a mem-

ber of a W-2 group whose assets do not exceed

$2,500 in combined equity value, excluding the

equity value of vehicles up to a total value of

$10,000 and one home that serves as the group's

homestead.

Income Limitation. The individual is a member

of a W-2 group whose gross income is at or below

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115% of the federal poverty level (FPL) ($23,184

for a family of three in 2016). The following

sources of income are included in calculating

gross income:

1. All earned and unearned income of the

individual, except for: (a) benefits received for

participation in a W-2 employment position, par-

ent of infant grant, or high-risk pregnancy grant;

(b) kinship care and foster care payments received

for children who are not included in the W-2

group; (c) federal and state earned income tax

credits and any federal income tax refund; (d) spe-

cific types of loans, in-kind income, and vendor

payments; (e) income earned by a dependent child

of an individual; (f) child support payments; and

(g) federal or state student financial aid or any

scholarship used for tuition and books.

2. The income of a nonmarital coparent or of

the individual's spouse, if the spouse resides in the

same home as the dependent child.

In addition, under rules promulgated by DCF

and in accordance with federal law, if the indi-

vidual is a sponsored alien, the resources of the

sponsor and the income of the sponsor and his or

her spouse are attributed to the individual.

The definition of gross income under current

law suggests a very broad measure of income.

However, under administrative rules, any income

from sources that are required to be disregarded by

federal or state law for purposes of determining

eligibility for means-tested programs must not be

counted as income. These sources include food

stamps, Indian tribal settlements, low-income en-

ergy assistance, and the women, infants, and chil-

dren program.

Lifetime Limit. Under federal law, the length

of time an adult in a W-2 group may receive

TANF assistance is limited to a total of 60 months.

State law sets a 48-month participation limit for

W-2 employment positions. The adult member

with the greatest number of accumulated months

counts against the W-2 group's participation limit.

The participation limit includes all months in

which the individual has received benefits under a

subsidized W-2 employment position, actively

participated in the AFDC job opportunities and

basic skills (JOBS) program on or after October

1996, or received benefits in Wisconsin or any

other state that were funded by federal TANF dol-

lars. The participation limit begins running when

the individual attains the age of 18. However, time

does not accumulate while an adult lives on a fed-

erally recognized Indian reservation if the reserva-

tion population is greater than 1,000 and at least

50% of adults are unemployed. The months in

which an individual receives a reduced or no W-2

benefit due to a sanction also count toward the

time limit.

The 48-month time limit may be extended if

the W-2 agency, subject to DCF review,

determines that the individual is experiencing

hardship or that the individual's family includes

an individual who has been battered or subjected

to extreme cruelty. As of September, 2016, there

were 763 active extension cases in the W-2

program.

Review of Eligibility. W-2 agencies are re-

quired to review an individual's eligibility periodi-

cally (except for individuals receiving follow-up

case management services, which are provided

regardless of income and assets). The individual

remains eligible until the W-2 group's assets or

income is expected to exceed the respective limits

described above for at least two consecutive

months.

Prospective Budgeting. Rather than determin-

ing eligibility based on the family's actual assets

and income in prior months, DCF uses prospective

budgeting for both initial eligibility determinations

and reviews of eligibility. Under prospective

budgeting, the financial and employment planner

at the local W-2 agency estimates the income and

assets that will be available to the family in future

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months. Income and assets are considered una-

vailable when the individual can reasonably doc-

ument that they cannot be accessed for 31 or more

days. Except for follow-up case management ser-

vices, a W-2 group must be prospectively ineligi-

ble for two consecutive months before the case

closes.

Placement in Employment Positions

Administrative rules require local W-2 agen-

cies to schedule and hold a personal interview

with the applicant no later than five working days

after receiving a signed application. The applicant

will then have seven working days to provide any

requested information. The financial and employ-

ment planner in the W-2 agency who is assigned

to an individual is required to assess and deter-

mine eligibility within seven working days after

the meeting with the applicant. The planner must

make a placement decision within 12 working

days from receipt of the application. However, the

financial and employment planner may extend the

application process to 30 days if the applicant

needs extra time to meet verification requirements.

The financial and employment planner is re-

quired to develop a written employability plan, in

consultation with the W-2 participant, which in-

cludes the participant's W-2 employment position

placement, required activities, and an identified

goal for obtaining unsubsidized employment. In

determining appropriate placement for a partici-

pant, priority first must be given to placement in

unsubsidized employment and providing case

management services, followed in order by trial

employment match program (TEMP) jobs, com-

munity service jobs (CSJ), and transitional place-

ments. Each of these employment positions is de-

scribed in more detail below.

W-2 agencies are also required to conduct an

educational needs assessment of each individual

who applies for a W-2 employment position. If the

individual and the W-2 agency determine that the

individual needs, or would benefit from, education

or training, and if the W-2 agency determines that

the individual is eligible for a W-2 employment

position, the W-2 agency must include education

or training activities in any employability plan de-

veloped for the individual. If the agency deter-

mines the appropriate placement for the individual

is unsubsidized employment or a TEMP job, and

the individual needs basic education and wishes to

participate, then the agency will include basic ed-

ucation in the employability plan and cover the

cost.

Work Requirements and Time Limits

Federal law governing the use of TANF dol-

lars imposes certain work participation rates on

states and individuals. The state must ensure that

minimum participation rates are met, and indi-

viduals receiving TANF assistance are subject to

work requirements.

Under state law, participants in each of the

W-2 employment positions must meet certain

work requirements and are subject to the time

limits described below. The work requirements for

each type of employment position are summarized

in Table 2.

Unsubsidized Employment. As a condition of

eligibility, an individual who applies for a W-2

employment position may be required by the W-2

agency to participate in job orientation or a search

for unsubsidized employment while the applica-

tion is being processed.

All participants in W-2 employment positions

or who are receiving case management services

are required to search for unsubsidized employ-

ment throughout their participation. They may be

required to engage in training activities as well.

The agency is required to assist a participant in his

or her search for unsubsidized employment.

W-2 agencies are authorized to provide case

management services to an applicant in lieu of

placing that individual in an employment position

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if the W-2 agency determines all of the following:

(a) the individual meets the W-2 eligibility re-

quirements; (b) the individual is willing to work

and has no barriers to employment that cannot be

addressed with W-2 services; (c) the individual is

job-ready, based on the individual's employment

history or education; and (d) the most appropriate

placement for the individual is in unsubsidized

employment. W-2 agencies are required to review

the placement every 30 days to determine whether

the individual should be moved into a W-2 em-

ployment position.

For individuals who move from a subsidized

employment position to an unsubsidized job, W-2

agencies must provide follow-up case manage-

ment services for at least 12 months. These ser-

vices include: employment skills training; job re-

tention services; English as a second language

classes; a course of study meeting the standards

for granting a declaration of equivalency of high

school graduation; or other remedial education

courses. These services are provided regardless of

income and assets.

Trial Employment Match Program. Under

previous state law, W-2 trial job positions provid-

ed work experience and training to assist partici-

pants to move into unsubsidized employment.

W-2 agencies would pay a wage subsidy to an

employer if that employer employed a participant

in a trial job and agreed to make good faith efforts

to retain the participant as a permanent, unsubsi-

dized employee after the wage subsidy was termi-

nated. The employer was also required to provide

worker's compensation coverage.

The trial job wage subsidy could not exceed

$300 per month for full-time employment of a

participant. For less than full-time employment,

the $300 maximum wage subsidy was reduced to

reflect the number of hours actually worked in

proportion to full-time employment.

Trial jobs could include educational and

training activities prescribed by the employer as an

integral part of the work performed in the trial job

placement. The hours spent participating in such

activities counted towards the number of hours

actually worked.

A W-2 participant could participate in a trial

job for a maximum of three months, with an

opportunity for a three-month extension under

circumstances determined by the W-2 agency. An

individual could participate in more than one trial

Table 2: Grant Amounts and Work Requirements for W-2 Paid Positions

Maximum Maximum Maximum

Grant or Wage Hours of Educ. &

Type of W-2 Position Per Month work Training

At least Incl. in

Trial Employment Match min. wage N.A. work hrs.

Community Service Job $653 40 10

Transitional Placement 608 40 12

Technical College Program - CSJ 653 25 15

Technical College Program

- Transitional Placement 608 25 15

Caretaker of Infant 673 0 0

At-Risk Pregnant Woman 673 0 0

Two-Parent Families* 653 55

*Grant amount for two-parent families is based on the W-2 position for the participant parent. The 55-hour

requirement applies to both parents combined and includes unsubsidized or subsidized employment, work

experience, on-the-job training, or community service program and education activities.

N.A. = Not applicable

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job, but generally could not exceed a total of 24

months of participation in all trial job placements,

which did not need to be consecutive. DCF, or the

W-2 agency with DCF's approval, could grant an

extension of the 24-month limit on a case-by-case

basis if the participant had made all appropriate

efforts to find unsubsidized employment and local

labor market conditions precluded a reasonable

job opportunity for that participant, as determined

by the agency and approved by DCF.

Effective January 1, 2014, 2013 Act 20 re-

placed trial jobs with the similar trial employer

match program. As amended by the 2015-17

budget act (2015 Act 55), all the provisions of the

prior law for trial jobs have been retained, except

for three revisions. First, W-2 agencies now nego-

tiate the wage subsidy with the employer. The

amount of the subsidy must be no more than the

minimum wage (currently $7.25 per hour) for

each hour that the participant actually works, up to

a maximum of 40 hours per week. W-2 agencies

also negotiate reimbursement to the employer for

all or a portion of other costs that are attributable

to the employment of a TEMP participant, includ-

ing: (a) federal social security and Medicare taxes;

(b) state and federal unemployment contributions

or taxes; and (c) worker's compensation insurance

premiums.

Second, if a participant is not retained after the

wage subsidy ends, an employer must either serve

as an employment reference or provide to the W-2

agency a written performance evaluation of the

participant, including recommendations for im-

provement.

Third, participation is now limited to six

months per TEMP job with an opportunity for a

three-month extension. The 24-month limit on

participation remains the same.

DCF implemented TEMP positions in March,

2016. As of September 30, 2016, there were 13

TEMP positions for custodial parents and 9

positions for non-custodial parents. TEMP

placements for custodial parents are available in

the City of Beloit and Dane, Kenosha, Milwaukee,

and Racine Counties. TEMP placements for non-

custodial parents are available on a pilot basis in

Dane, Marathon, and Milwaukee Counties.

Community Service Jobs. Community

service jobs are intended to provide work

experience and training to assist participants to

move into unsubsidized employment or a TEMP

placement. Community service jobs are limited to

projects that DCF determines would serve a useful

public purpose or to projects whose cost is

partially or wholly offset by revenue generated by

such projects.

Community service jobs may include educa-

tion and training assigned as part of an employa-

bility plan developed by the W-2 agency. Such

educational and training activities are defined by

DCF by rule and include a course of study for

GED or high school equivalency, technical college

courses, and educational courses that provide an

employment skill. Permissible educational and

training activities also include employer-

sponsored training, English as a second language,

and basic educational courses that the W-2 agency

determines would facilitate the individual's efforts

to obtain employment.

The W-2 agency may determine an appropriate

number of work hours for a participant at the time

of application or review. However, the W-2 agen-

cy may not require a participant to spend more

than 40 hours per week in combined work and ed-

ucational activities, with a maximum limit of 10

hours per week in educational and training activi-

ties.

W-2 agencies may also require individuals to

participate in an initial two-week assessment and

motivational training program, including training

on parenting skills, as part of the required

activities. Participation in such programs may not

exceed 40 hours per week and satisfies the work,

education, and training requirements during the

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initial two-week period.

A W-2 agency is required to allow 18- and 19-

year old individuals who have not obtained a high

school diploma or declaration of equivalency of

high school graduation to attend high school or

enroll in a course of study meeting the standards

for the granting of a declaration of equivalency of

high school education. Participation in such

educational activities must be counted, in whole or

in part, toward satisfying the work, educational,

and training requirements under a W-2 community

service job.

Community service jobs are available on a

part-time basis for participants working in unsub-

sidized employment for less than 30 hours per

week who have limitations to increasing their

hours or obtaining additional jobs. Activities and

payments assigned to participants are prorated at a

level of one-third, one-half, or two-thirds of a

placement for a full-time, 40-hour community ser-

vice job. The total combined number of hours of

activities and unsubsidized employment must not

exceed 40 hours per week. Activities must be spe-

cifically designed to assist the participants with

overcoming their employment limitations within a

reasonable time period.

An individual may participate in a community

service job for a maximum of six months, with an

opportunity for a three-month extension under cir-

cumstances approved by DCF. After each six

months of an individual's participation in a com-

munity service job and at the conclusion of each

community service job assignment, the W-2 agen-

cy must reassess the individual's employability.

An individual may participate in more than one

community service job, but generally may not ex-

ceed a total of 24 months of participation in all

community service job placements, which need

not be consecutive.

DCF, or the W-2 agency with DCF's approval,

may grant an extension of the 24-month time limit

on a case-by-case basis if the participant has made

all appropriate efforts to find unsubsidized em-

ployment and has been unable to do so because

local labor market conditions preclude a reasona-

ble job opportunity for that participant. In addi-

tion, the W-2 agency, with DCF's approval, must

also determine that no TEMP opportunities are

available.

Transitional Placements. Transitional place-

ments are meant for individuals who are unable to

perform independent, self-sustaining work due to

barriers to employment, such as alcohol and drug

abuse, medical or physical problems, and learning

disabilities. In order to be eligible for a W-2 tran-

sitional placement, an individual must meet one or

more of the following eligibility requirements in

addition to the financial and nonfinancial eligibil-

ity requirements outlined above.

1. The W-2 agency determines, on the basis

of an independent assessment by the Division of

Vocational Rehabilitation in the Department of

Workforce Development (DWD), or similar

agency or business, that the individual has been

incapacitated for a period of at least 60 days or

will be incapacitated for a period of at least 60

days;

2. The W-2 agency determines that the indi-

vidual is needed in the home because of the illness

or incapacity of another member of the W-2

group; or

3. The W-2 agency determines that the indi-

vidual is incapable of performing a TEMP posi-

tion or community service job.

The W-2 agency is required to assign a W-2

transitional placement participant to work activi-

ties such as a community rehabilitation program or

a job similar to a community service job or a vol-

unteer activity. A transitional placement may also

include the same education and training activities

as are allowed for community service jobs.

In addition, the agency may require participa-

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tion in any of the following: (a) an alcohol and

other drug abuse evaluation, prescribed assess-

ment, and treatment program; (b) mental health

activities such as evaluation, therapy, and medica-

tion management; (c) counseling or physical reha-

bilitation activities; or (d) other activities that the

W-2 agency determines are consistent with the

individual's capabilities.

Transitional placements may be required to

engage in work activities (including the drug and

alcohol assessment, mental health, counseling, and

physical rehabilitation activities identified above)

and education and training activities for no more

than 40 hours per week, with a limit on the educa-

tion and training activities of 12 hours per week.

The education and training activities must be as-

signed as part of an employability plan developed

by the W-2 agency.

Similar to community service job placements,

W-2 agencies may also require individuals to par-

ticipate in an initial two-week assessment and mo-

tivational training program, which counts toward

the individual's work and training requirements.

An individual may participate in a transitional

placement for a maximum of 24 months, which

need not be consecutive. The 24-month period

may be extended on a case-by-case basis by DCF

or the W-2 agency with DCF's approval.

Technical College Program for Community

Service Job and Transitional Placements.

Community service job and transitional place-

ments may include participation in a technical col-

lege program for a maximum of two years.

All of the following requirements must be met

to participate in the technical college program: (a)

the W-2 agency, in consultation with the commu-

nity steering committee required under W-2 and

the technical college district board, determines that

the technical college education program is likely

to lead to employment; (b) the participant main-

tains full-time status in the technical college edu-

cation program, as determined by the technical

college, and regularly attends all classes; (c) the

participant maintains a grade point average of at

least 2.0, or the equivalent as determined by the

technical college; and (d) the participant is em-

ployed or engages in work under a community

service job or transitional placement for 25 hours

per week.

The W-2 agency is required to work with the

community steering committee and the technical

college district board to monitor the participant's

progress and the effectiveness of the program in

leading to employment.

Two-Parent Families. Under state law, and

in accordance with federal law, if one parent in a

two-parent custodial family is participating in a

W-2 employment position, the second parent is

generally required to participate in unsubsidized

or subsidized employment, work experience, on-

the-job training, or community service programs.

In addition, the W-2 agency is required to create

an employability plan for the second parent. The

family does not receive any additional W-2 cash

assistance for the work performed by the second

parent.

The second parent is not subject to this work

requirement and the W-2 agency is not required

to create an employability plan if: (a) the family

is not receiving federally-funded child care assis-

tance; (b) the second parent is disabled and re-

ceives disability benefits; or (c) the second parent

is caring for a severely disabled child. The sec-

ond parent can elect to participate in work activi-

ties, even if the W-2 group is not receiving child

care assistance.

If the second parent is subject to the work re-

quirement, the combined number of hours of re-

quired participation in work activities for both

parents is 55 hours per week. In these cases, the

first parent must participate in up to 40 hours of

W-2 activities. This means that the second parent

would be assigned to at least 15 hours of work

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9

activities.

Employer Criteria

For an employment position to qualify for

TEMP, DCF rules require an employer to do all of

the following: (a) pay the participant the amount

established by contract, but not less than the min-

imum wage for every hour worked; (b) make a

good faith effort to retain the participant as a per-

manent unsubsidized employee after the wage

subsidy is terminated; (c) provide worker's com-

pensation; (d) inform the participant of his or her

eligibility for the federal and state earned income

tax credits; (e) provide the same education and

training opportunities provided to other employ-

ees; and (f) provide a grievance procedure for reg-

ular employees of the worksite to resolve any

complaints related to displacement.

In addition, employers of participants in com-

munity service jobs and transitional jobs must do

all of the following to qualify: (a) provide a struc-

tured work environment that includes close super-

vision and willingness to mentor and coach partic-

ipants to succeed in the workplace; (b) provide a

position that replicates actual conditions of work

and provides responsibilities and expectations

similar to unsubsidized employees of the employ-

er; (c) cooperate with the W-2 agency to provide

verification of the participant's hours of participa-

tion and missed hours; and (d) provide a grievance

procedure for regular employees of the worksite to

resolve any complaints related to displacement.

An employer that does not meet these criteria

is ineligible to receive any subsidy for any posi-

tion provided to the participant.

Non-displacement Provisions

No W-2 employment position or Transform

Milwaukee or transitional job (described below)

may be implemented so as to: (a) have the effect

of filling a vacancy created by an employer termi-

nating a regular employee or otherwise reducing

its work force for the purpose of hiring a W-2 par-

ticipant; (b) fill a position when any other person

is on layoff or strike from the same job or any sub-

stantially equivalent job within the same organiza-

tional unit; or (c) fill a position when any other

person is engaged in a labor dispute regarding the

same or a substantially equivalent job within the

same organizational unit. DCF rules provide a

grievance procedure for resolving complaints in-

volving a violation of these prohibitions.

Cash Benefits

A recipient's monthly benefit amount under

W-2 depends upon the type of placement and the

number of hours worked during the month. Un-

like the AFDC program, there is no family-size

adjustment. The cash benefits for each type of

employment position are summarized above in

Table 2.

Trial Employment Match Program. Partici-

pants in TEMP jobs receive the amount estab-

lished in a contract between the W-2 agency and

the employer. The employer pays participants no

less than the state or federal minimum wage,

whichever is applicable, for every hour worked in

a TEMP placement. Currently, the state and feder-

al minimum wage is generally $7.25 per hour. As

noted above, hours spent participating in educa-

tional and training activities are included in deter-

mining the number of hours worked for TEMP

jobs.

Community Service Jobs. The grant amount

for community service jobs is $653 per month.

The same grant amount applies to community ser-

vice job participants in the technical college pro-

gram.

The grant is reduced by $5.00 for every hour

that a participant misses required work, education-

al, or training activities without good cause. Good

cause is determined by the W-2 agency's financial

and employment planner and includes: (a) a re-

quired court appearance for any reason; (b) una-

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vailability of child care; (c) lack of transportation;

(d) W-2 group member's illness, injury, disability,

or incapacity; (e) accommodations necessary to

participate are not available to complete the as-

signed activity; (f) conflict with another assigned

W-2 activity or job search attempts; (g) inclement

weather that impedes transportation or travel; (h)

school emergency; (i) domestic violence issues; (j)

death in immediate family; (k) routine medical or

school appointments that cannot be scheduled at

times other than assigned activities; (l) observance

of religious holiday (by participant, child's school,

or employer); and (m) other circumstances beyond

the control of the participant, but only as deter-

mined by the financial and employment planner.

As discussed above, benefit levels are prorated

for participants in community service jobs who are

required to work fewer than 30 hours per week

because the participant has unsubsidized employ-

ment.

Transitional Placements. The monthly grant

amount for transitional placements is $608. The

cash benefit is the same for transitional placements

in the technical college program. The sanctions

described above for community service jobs also

apply to transitional placements.

Custodial Parent of Infant. A participant who

meets the nonfinancial and financial eligibility re-

quirements for a W-2 employment position and

who is a custodial parent of a child who is eight

weeks old or younger is eligible to receive a

monthly grant of $673.

The W-2 agency may not require caretakers of

infants to participate in a W-2 employment posi-

tion. Receipt of a grant under these provisions

does not constitute participation in a W-2 em-

ployment position for purposes of the 48-month

time limit for participation in all W-2 employment

positions, if the child was born less than 10

months after the parent was first determined to be

eligible for a W-2 employment position. If the

child is born more than 10 months after the parent

was first determined to be eligible, receipt of the

grant counts against the time limit unless the child

was conceived as a result of incest or sexual as-

sault.

At-Risk Pregnant Women. An unmarried

woman who would be eligible for a W-2 employ-

ment position except that she is not the custodian

of a dependent child and who is in her third tri-

mester of a medically-verified at-risk pregnancy

such that the woman cannot participate in the

work force is eligible to receive a monthly grant of

$673.

The W-2 agency may not require at-risk preg-

nant women to participate in a W-2 employment

position. Receipt of a grant under these provisions

does not constitute participation in a W-2 em-

ployment position for purposes of the 48-month

time limit for participation in all W-2 employment

positions.

Noncustodial Parents Subject to a Child

Support Order. Noncustodial parents are eligible

for certain services if the following apply. First,

the non-custodial parent must otherwise meet the

W-2 eligibility criteria. Second, the non-custodial

parent is subject to a child support order. Third,

the custodial parent is: (a) receiving case man-

agement services under W-2; (b) participating in a

W-2 employment position; (c) receiving a caretak-

er of a newborn infant or an at-risk pregnant

woman grant; or (d) receiving a child care subsidy

under Wisconsin Shares.

The types of services that may be provided by

the W-2 agency to the non-custodial parent in-

clude: (a) job search assistance and case manage-

ment designed to enable the individual to obtain

and retain employment; (b) placement in one

TEMP job under W-2; or (c) a stipend in an

amount to be determined by the W-2 agency for a

maximum of four months. The stipend ends if the

individual is placed in a TEMP job or obtains un-

subsidized employment.

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11

Payment Procedures

Prior to 2013, funding for W-2 cash benefits

was allocated to the local W-2 agencies, who were

responsible for not exceeding those allocations.

Since then, the funding allocated for W-2 benefits

has been statewide and cash benefits have been

paid directly by DCF, such as by check or direct

deposit into a participant's bank account.

Participants in W-2 employment positions re-

ceive payments as shown in Table 3. According to

the DCF W-2 policy manual, the W-2 participa-

tion period is from the 16th

day of a month to the

15th

day of the next month. The W-2 payment is

issued for completed participation on the 30th

day

of the month the participation period ends.

W-2 agencies continue to determine eligibility

for an emergency payment for participants who

are awaiting a first W-2 payment. Emergency

payments are one-time payments designed to

meet an emergency need at the beginning of a

W-2 episode. Emergency payments are not an ad-

ditional W-2 benefit, are not required to be re-

paid, and do not count towards the 48-month par-

ticipation limitation.

Child Support

An individual must assign to the state any

right of the individual or of any dependent child

of the individual to support or maintenance from

any other person that accrues during the time that

any W-2 benefit is paid to the individual. Under

current state law, the state must first pay the fed-

eral government its share of the assigned child

support collected and then pass the remainder of

the support collected through to the W-2 partici-

pant. 2009 Act 28 calculated the federal share,

after consideration of provisions of the federal

Deficit Reduction Act of 2005, to be 25%. As a

result, 75% of the assigned child support collect-

ed is passed through to the W-2 participant.

The Legislative Fiscal Bureau informational

paper entitled, "Child Support Enforcement Pro-

gram" provides additional information regarding

the pass-through of child support.

Other Economic Support Benefits

In addition to the employment benefits out-

lined above, W-2 participants are eligible for

FoodShare and child care subsidies. Participants

may also be eligible for medical assistance (MA).

Further, participants in unsubsidized employment,

TEMP placements, and other subsidized private

sector employment positions are eligible for the

federal and state earned income tax credits.

Worker's Compensation

For W-2 TEMP jobs, the employer must pro-

vide the participant with worker's compensation

coverage. Participants in community service jobs

and transitional placements are employees of the

W-2 agency for purposes of worker's compensa-

tion coverage, unless the employer provides cov-

erage. A participant in a community service job or

transitional placement who is provided coverage

Table 3: Payment Schedule Examples

Example 1 Example 2

If participation begins: April 7 April 20

Partial payment provided: April 30, for participation May 10, for participation April 20 -

April 7 – April 15. April 30; and May 30, for

participation May 1 – May 15.

First full payment provided: May 30, for participation June 30, for participation May 16 –

April 16 - May 15. June 15.

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12

by the W-2 agency and who makes a claim for

worker's compensation may not make a claim or

maintain an action in tort against the employer

who provided the community service job or transi-

tional placement from which the claim arose.

Work Experience Drug Testing and Treatment

The 1996 federal welfare reform law, P.L.

104-193, grants states the option of requiring

drug tests for assistance recipients and providing

substance abuse treatment as a job readiness ac-

tivity. The federal welfare reform law also bars

states from providing TANF assistance to those

convicted of a felony for possession, use, or dis-

tribution of illegal drugs. However, Wisconsin

has modified the ban, as permitted under federal

law.

Wisconsin Works. Individuals applying for a

W-2 employment position or job access loan must

state in writing whether they have been convicted

of a felony that has as an element possession, use,

or distribution of a controlled substance. If a par-

ticipant in a community service job or transitional

placement was convicted in any state or federal

court of such a felony after August 22, 1996, and

within five years of applying for a W-2 employ-

ment position, the W-2 agency must require the

individual to submit to a test for use of a con-

trolled substance as a condition of continued eligi-

bility.

If the test results are positive, the W-2 agency

must decrease the pre-sanction benefit amount for

that participant by up to 15% for at least 12

months, or for the remainder of the participant's

period of participation in the employment posi-

tion, if less than 12 months. If, at the end of 12

months, the individual is still a participant in the

employment position and submits to another test

for the use of controlled substances, and if the re-

sults of the test are negative, the full benefit

amount must be restored.

The W-2 agency may require an individual

who tests positive for use of a controlled substance

to participate in a drug abuse evaluation, assess-

ment, and treatment program as part of the work

or education and training requirements for that

employment position.

Work Experience Programs. 2015 Act 55

provided substance abuse screening, testing, and

treatment as an eligibility requirement for three

work experience programs administered by DCF:

(a) W-2 services for non-custodial parents, includ-

ing W-2 TEMP and stipends; (b) the Transform

Milwaukee and Transitional Jobs programs (de-

scribed below); and (c) children first (also de-

scribed below).

Act 55 created an annual appropriation and

provided $250,000 GPR in 2015-16 and 2016-17

to DCF for drug screening, testing, and treatment

costs. DCF is required to pay for all costs of sub-

stance abuse treatment not otherwise covered by

medical assistance, private insurance, or another

type of coverage.

All new participants are required to complete a

questionnaire that screens for the abuse of a con-

trolled substance. Based on the answers to the

questionnaire, if DCF (or the agency with which

DCF has contracted to administer a work pro-

gram) determines that there is a reasonable suspi-

cion that a participant who is otherwise eligible for

a work program is abusing a controlled substance,

the participant would have to undergo a test for the

use of a controlled substance in order to remain

eligible.

Screening questionnaires have been incorpo-

rated into preexisting application procedures for

DCF's work experience programs. DCF has ap-

proved two screening questionnaires: (a) a four-

question portion of the screening tool used to as-

sess drug use barriers to employment in the W-2

program; and (b) a ten-question form used in

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13

Transform Milwaukee since November, 2015, and

in Children First since March, 2016. Three affirm-

ative responses on the questionnaire will trigger

the requirement for drug testing.

If the test is negative for the use of a controlled

substance, the applicant would remain eligible to

participate in the work programs. If the applicant

refuses to submit to a test, the applicant would not

be eligible until the applicant complies with the

requirement to undergo a test for the use of a con-

trolled substance. If the test is positive for use of a

controlled substance without a valid prescription,

then the applicant must participate in substance

abuse treatment to remain eligible.

While undergoing treatment, a participant

would have to submit to random testing for the use

of a controlled substance, and the test results

would have to be negative, or positive with evi-

dence of a valid prescription, in order for the par-

ticipant to remain eligible. If any test results are

positive and the participant does not have a valid

prescription, the participant could restart treatment

one time and remain eligible so long as all subse-

quent test results are negative or positive with a

valid prescription. An additional failed test would

result in the participant becoming ineligible for 12

months.

Table 4 shows the initial results of drug screen-

ing, testing, and treatment through September,

2016.

Child Care under W-2

Wisconsin's child care subsidy program,

known as "Wisconsin Shares," provides child

care assistance for working low-income families

to enable eligible persons to work or to prepare

for employment through W-2, the FoodShare

employment and training (FSET) program, or

through a combination of work and education or

training. Under the program, the state subsidizes

the cost of child care charged by providers cho-

sen by the parent. The parent must pay a copay

amount based on income, family size, and the

number of children in care.

Child Care Subsidy Program

Eligibility Criteria. In order to be eligible for

a child care subsidy, an individual must meet all

of the following conditions, as determined by the

county department or W-2 agency.

Criteria for Parent, Child, and Employment.

To be eligible, the individual must be a custodial

Table 4: Drug Screening, Testing, and Treatment for DCF Work Experience Programs through Septem-

ber, 2016

Applicants/ Referred Refused Referred for Refused Completed

Participants Screened to Testing Testing Treatment Treatment Treatment

Transform Milwaukee

(since 11/09/15) 395 395 15 3 4 1 0

W-2 Noncustodial Parent

Placements (since 3/1/16) 32 32 2 0 1 0 0

Children First (since 3/7/16) 672 671 9 1 1 0 0

Transitional Jobs (since 7/1/16) 6 6 0 0 0 0 0

Total 1,105 1,104 26 4 6 1 0

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14

or placement parent of a child under the age of

13. This includes a subsidized guardian, interim

caretaker, legal custodian, person acting in the

place of a parent, person providing kinship care,

or biological, adoptive, or foster parent. Child

care may also be subsidized for children up to the

age of 19 if the child has a documented emotion-

al, behavioral, physical, or personal need requir-

ing more than the usual amount of care and su-

pervision for the child's age.

Further, child care must be needed to do any

of the following:

1. Work in an unsubsidized job, including

training provided by an employer during regular

hours of employment.

2. Work in a W-2 employment position,

including participation in job search, orientation,

education, and training activities.

3. Participate in a job search or work expe-

rience component of the FSET.

4. Participate in a course of study at a tech-

nical college, or participate in educational cours-

es that provide an employment skill, as deter-

mined by DCF, if the W-2 agency determines

that the course would facilitate the individual's

efforts to maintain employment. An individual

may receive a child care subsidy under this pro-

vision for up to two years.

5. Participate in basic education, including

an English as a second language course, literacy

tutoring, or a course of study to obtain a GED if

the W-2 agency determines that basic education

would facilitate the individual's efforts to main-

tain employment. An individual may receive a

child care subsidy under this provision for up to

two years.

6. Obtain a high school diploma or partici-

pate in a course of study to obtain a GED if the

parent is 19 years of age or younger. If the parent

is age 17 or younger, the individual must also

reside with his or her custodial parent, with a kin-

ship care relative, in a foster home, a subsidized

guardianship home, a group home, or an inde-

pendent living arrangement supervised by an

adult.

7. Meet the Learnfare school attendance

requirements.

Income and Resource Criteria. Initial eligibil-

ity for the child care subsidy program is limited

to families with gross income of no more than

185% of FPL ($37,296 for a family of three in

2016). Once eligible, families retain eligibility

until gross income exceeds 200% of FPL for two

consecutive months ($40,320 for a family of

three in 2016). Once a case has been closed for

more than a calendar month, the family must re-

apply using the 185% FPL standard.

Due to changes in federal law introduced by

the Child Care and Development Block Grant

(CCDBG) Act of 2014, (P.L. 113-186), once a

participant is determined eligible for child care

subsidies, federal law requires a minimum

twelve-month eligibility period in which subsi-

dies cannot be terminated for rising above the

state financial eligibility level. Termination of

subsidies will now occur only once the partici-

pant’s income rises above the federal financial

eligibility threshold of 85% of state median in-

come for a family of similar size (the median in-

come was $70,830 for a Wisconsin family of

three in 2015, according to the 2011-2015 Amer-

ican Community Survey by the U.S. Census Bu-

reau).

The definition of gross income is the same as

used for purposes of determining eligibility for

W-2 employment positions, except: (a) the in-

come of farmers and self-employed persons is

adjusted to allow for the subtraction of business

expenses; and (b) child support is included in the

calculation of gross income if the monthly

amount of child support exceeds $1,250. Partici-

pants in the subsidy program are not required to

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15

meet the asset limitation requirements that are

required of W-2 employment position partici-

pants.

Foster and kinship care parents (who are car-

ing for a child under court order and receiving

kinship care payments), as well as subsidized

guardians and interim caretakers, may be eligible

to receive a child care subsidy if the natural or

adoptive parent's income at the time the child was

removed from the home was at or below 200% of

the federal poverty level.

In addition to the requirements outlined

above, DCF may establish other eligibility crite-

ria by rule.

Non-Financial Criteria. To be eligible for the

child care subsidy program, the child receiving

care must be a U.S. citizen, or a qualifying alien.

In addition, an individual must

1. Fully cooperate with efforts to establish

paternity for any minor child and in obtaining

support payments for that child.

2. Assign to the state any right of the indi-

vidual to support or maintenance from any other

person when child care is provided for parents

receiving cash assistance under W-2.

3. Furnish the W-2 agency with any rele-

vant information the agency determines is neces-

sary within seven working days after receiving

the request. The time limit may be extended if the

agency determines that seven days would be un-

duly burdensome.

Qualifying Child. In order to prevent improper

claiming of child care, state law places re-

strictions on the use of Wisconsin Shares subsi-

dies for children of child care providers and chil-

dren of employees of child care providers.

First, subsidies may not be used to provide

care for a child who resides with the provider or

is the provider's child.

Second, if the child's parent is a child care

provider, subsidies may not be used for care pro-

vided by a different child care provider who is

not the child's parent. By administrative rule, a

county department or agency may grant a waiver

of this prohibition if: (a) the child has a special

need; (b) the parent is the child's foster parent; (c)

the parent is the child's guardian or interim care-

taker and is receiving subsidized guardianship

payments; (d) the child has been placed with a

kinship care relative under a court order and the

relative is receiving kinship care payments; (e)

the parent is requesting child care assistance in

order to engage in one of the above described

Wisconsin Shares eligible educational or work

activities; or (f) the child's biological parent is a

dependent minor child currently enrolled in high

school and the child and minor parent both reside

with the dependent minor parent's parent, kinship

care relative, guardian, foster parent, or custodi-

an.

Third, DCF cannot distribute subsidy pay-

ments to a certified child care provider for ser-

vices provided to an employee who is either the

parent of the child or a person who resides with

the child. As for licensed providers, payments

will be suspended if more than 40% of the chil-

dren are children of or reside with employees of

the provider. Licensed providers may avoid pay-

ment suspension by altering the mix of children

being cared for within six weeks of exceeding the

40% threshold.

Local Administration of Child Care. For

geographic regions outside of Milwaukee Coun-

ty, DCF may make child care subsidy eligibility

determinations, contract with a county depart-

ment or agency to make eligibility determina-

tions, or contract with a county department or

agency to share in making eligibility determina-

tions. If DCF contracts with a county department

or agency to make eligibility determinations,

such contract must also require the county de-

partment or agency to administrate the child care

subsidy program within its geographical region

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16

or tribal unit. DCF may also contract with a

county department or other agency in a particular

geographic area or particular tribal unit for certi-

fication of child care providers.

As part of the administration of child care,

DCF may require the contracted entity to: (a) de-

termine a parent's copayment; (b) determine and

authorize the amount of child care for which an

individual may receive a subsidy; (c) review and

redetermine the financial and nonfinancial eligi-

bility of individuals receiving child care subsi-

dies; and (d) assist eligible individuals to identify

and select appropriate child care. According to

administrative rule, the child care administrative

agency must redetermine the need for service and

eligibility at least every twelve months.

In calendar year 2017, a total of $12.2 million

is allocated for local administration of child care

outside of Milwaukee County. DCF allocated

$10.3 million to counties and tribes for child care

administration, including eligibility determina-

tions, $1.4 million for certification activities, and

$0.5 million for fraud detection and prevention

activities.

To resolve ongoing issues in Milwaukee

County, such as untimely responses to applica-

tions and instances of fraud, 2009 Act 28 re-

quired the state, through DCF, to take over the

child care subsidy program in Milwaukee Coun-

ty. Act 28 authorized DCF to either contract with

the Milwaukee County enrollment services unit

in the Department of Health Services (DHS) or to

establish its own child care provider services

unit.

DCF contracted with the Milwaukee County

enrollment services unit in DHS to determine and

re-determine eligibility for Wisconsin Shares.

DCF also created its own bureau, the Milwaukee

Early Care Administration (MECA), within its

Division of Early Care and Education, to oversee

Wisconsin Shares in Milwaukee County, includ-

ing program integrity and provider certification.

In 2015-16, MECA expended $8.0 million for

the administration of Wisconsin Shares in Mil-

waukee County. Of this amount, $6.3 million was

for administration and certification activities and

$1.7 million was for eligibility determinations.

For 2016-17, MECA is budgeted $8.2 million for

the administration of Wisconsin Shares in Mil-

waukee County ($6.5 million for administration

and certification activities and $1.7 million for

eligibility determinations).

Allowable Child Care Providers. An eligi-

ble parent may use Wisconsin Shares subsidies

with child care providers that are licensed by

DCF, certified by the local administrator for the

county, or established by a school board. Provid-

ers must also participate in the YoungStar pro-

gram, described below, before they can receive

payments under Wisconsin Shares.

Individuals may also use Wisconsin Shares

subsidies for child care that is provided by an

out-of-state provider regulated in accordance

with another state's standards. However, the out-

of-state providers must submit a Wisconsin

Shares participation contract to DCF.

Licensing and Certification. Table 5 shows

the licensed and certified child care capacity in

Wisconsin as of January, 2016. In general, child

care providers must be licensed by DCF in order

to receive compensation for caring for four or

more children under the age of seven. Licensed

group child care centers may provide care for

nine or more children. Licensed family child care

centers, usually operating out of the provider's

home, may provide care for up to eight children.

Licensed day camps may provide care for more

than four children, usually operating seasonally

and outdoors.

Public and private schools are exempt from

licensure. Thus, child care and early education

providers established by or regulated by a school

board are not required to be licensed by DCF.

However, public schools may receive an exemp-

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17

tion to receive payments under Wisconsin Shares.

Private schools must be licensed in order to re-

ceive payments under Wisconsin Shares.

Providers caring for three or fewer children

under the age of seven must be certified by the

local administrator in order to receive payment

from Wisconsin Shares. There are two certifica-

tion categories: Level I (regular) family child

care and Level II (provisional) family child care.

In order to receive the Level I payment rate under

Wisconsin Shares, the provider must care for at

least one unrelated child. Further, regularly, but

not provisionally, certified family child care pro-

viders must complete two credits of early child-

hood training or non-credit DCF-approved train-

ing. In order to receive a certification, an appli-

cant may be required to graduate from high

school or obtain a GED. Up to five hours of an-

nual training may also be required.

Both regularly and provisionally certified

providers, and all employees, substitutes, and

volunteers of those providers, must have training

in the most current, medically accepted methods

of preventing sudden infant death syndrome and

shaken baby syndrome.

Criminal History and Background Investiga-

tions. Licensed and certified child care provid-

ers (and their household members age 12 and

older, contractors, and employees) must provide

background information disclosure forms and

fingerprints when applying for the initial issuance

of a child care license, certification, or contract to

operate a child care facility. After initial disclo-

sures, additional background disclosures are only

required for new staff members and non-client

residents. A background information disclosure

form must be completed prior to working with

children for all individuals subject to these re-

quirements.

The required background information that

must be submitted includes: (a) a criminal history

search from the Department of Justice; (b) infor-

mation from the registry of nurses aids main-

tained by DHS; (c) information maintained by the

Department of Safety and Professional Services

regarding the status of the person's credentials;

(d) information maintained by DCF regarding

any final determination (or contested case deci-

sion) of child abuse or neglect against the person;

(e) information regarding the denial of an appli-

cation to operate a child care facility or other

similar entity for the reasons noted above; (f) in-

formation from the sex offender registry; and (g)

in some cases, information maintained by the

Federal Bureau of Investigation (FBI). The De-

partment of Justice may submit fingerprint cards

to the FBI to verify the identity of the person fin-

gerprinted and to obtain the records of his or her

criminal arrests and convictions.

No provider's license, certification, or contract

may be issued, continued, or renewed if: (a) the

provider has been convicted or adjudicated delin-

quent of a serious crime; (b) the provider is the

Table 5: Licensed and Certified Child Care Capacity as of January 1, 2016

No. of Daytime Night Est. Enrolled

Providers Capacity Capacity Children

Licensed Group 2,267 136,122 9,519 193,702

Licensed Family 1,793 14,223 2,246 21,903

Licensed Day Camp 89 8,218 N/A 10,929

Certified Family 1,008 Up to 6 Up to 6 6,048

Certified School Age 6 283 N/A 376

Total 5,163 232,958

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18

subject of a pending criminal charge or delin-

quency petition alleging that the provider has

committed a serious crime; (c) a final determina-

tion (or final decision on a contested case hear-

ing) has been made that the person has abused or

neglected a child; or (d) the provider's current

credentials are inadequate. A provider is also

prohibited from employing or contracting with a

person who will have access to children under the

same conditions.

Depending on the criminal offense involved,

an individual may be permanently barred from

providing child care, barred from providing child

care for a period of five years after completion of

any sentence, or barred from providing child care

until rehabilitated. An individual may demon-

strate that they have been rehabilitated by clear

and convincing evidence. However, providers,

caregivers, and residents cannot be rehabilitated

for the purpose of providing child care services if

convicted or adjudicated delinquent of a serious

crime, such as murder, kidnapping, or sexual as-

sault. In addition, child care providers (but not

caregivers or residents) are prohibited from being

rehabilitated for certain crimes against property,

such as retail theft, forgery, or identity theft.

A person who provides false information un-

der these provisions can be required to forfeit not

more than $1,000 and may be subject to other

sanctions. DCF, the county departments, con-

tracted agencies, or school boards may charge a

reasonable fee for any required background in-

vestigation.

Further, DCF and county departments may

refuse to pay a child care provider an authorized

subsidy if it is determined that the provider, an

employee, or resident living on the premises: (a)

has been convicted or adjudicated delinquent, at

age 12 or older, of a felony or misdemeanor that

substantially relates to the care of children or to

the operation of a business; (b) is the subject of a

pending criminal charge that substantially relates

to the care of children; (c) has been determined to

have abused or neglected a child; or (d) has vio-

lated any provision or rule of the child care sub-

sidy program.

Child Care Subsidy Payments. As explained

in more detail below, DCF uses market surveys

to establish the maximum reimbursement amount

Wisconsin Shares will pay for child care. Fami-

lies must pay a portion of this amount depending

on the size of the family, income, and other fac-

tors (the copay). Wisconsin Shares pays the re-

maining amount to the child care provider (the

subsidy). Participating child care providers may

charge more than the maximum reimbursement,

but families will be liable for all amounts exceed-

ing the subsidy by choosing such providers.

Authorization. DCF authorizes payment for

child care based upon assessment of the number

of child care hours needed for the parents to par-

ticipate in their approved activities and the length

of care needed up to twelve months. Child care

eligibility must be reviewed every time a parent

reports a change that may affect their eligibility,

and at least every twelve months.

Authorizations for child care may be for full-

time care (between 35 and 50 hours per week) or

part-time care (less than 35 hours per week). Ad-

ditional time may also be authorized; however, a

child cannot be authorized for more than 75

hours per week. In general, a child may not re-

ceive more than 12 hours of child care per day.

Up to 16 hours may be authorized if the parent

provides written documentation of work or trans-

portation requirements exceeding 12 hours a day.

Payment and the Electronic Benefit Transfer

System. Currently, payments to child care provid-

ers may be based on the number of hours a child

is authorized to attend (enrollment-based), or

based on the number of hours the child actually

attended (attendance-based). Enrollment-based

authorizations pay for the child care "slot" at the

provider, whether or not the child actually at-

tends. Under administrative rules, licensed group

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19

child care providers generally receive enrollment-

based payments, and certified child care provid-

ers may only receive attendance-based payments.

However, if the child's schedule varies widely

from week to week or if the provider has signifi-

cantly over-reported attendance in the past, a li-

censed group child care provider may be reim-

bursed based on attendance. As of September,

2016, approximately 61% of payments to group

providers were enrollment-based.

DCF is implementing an electronic benefit

transfer (EBT) system for Wisconsin Shares that

will substantially alter the payment process. The

new EBT system is intended to make the pay-

ment process more consistent with the practices

commonly used in the market for unsubsidized

child care.

Instead of paying for care after it is provided,

DCF will prospectively calculate the subsidy

amount based upon the projected hours of child

care needed by the parent. The subsidy, including

adjustments made for YoungStar rating as de-

scribed below, will be transferred to an EBT ac-

count established on behalf of the parent at the

beginning of each payment period (generally at

the beginning of each month). Parents will be

free to transfer funds at any time from the EBT

account via telephone, website, or an EBT

"swipe" card. The charged amounts will be im-

mediately and electronically transferred into the

child care provider's bank account.

The new EBT system will end the use of at-

tendance-based and enrollment-based authoriza-

tions for child care. Child care providers will no

longer be required to report biweekly attendance

to DCF as part of the Wisconsin Shares subsidy

payment process. Instead, parents will be respon-

sible for managing the subsidy they receive and

will be free to decide whether to reserve a slot at a

child care provider, purchase hourly child care, or

save subsidy amounts for future use as needed.

For auditing purposes, child care providers are still

required to maintain attendance records for at least

three years.

The EBT system will be rolled out in two stag-

es. First, as of December, 2016, EBT has been im-

plemented in the western part of the state (Buffalo,

Clark, Jackson, Monroe, Pepin, Trempealeau,

Vernon, and La Crosse counties). Second, the

rollout will expand to the rest of the state begin-

ning February, 2017.

During the transition period, YoungStar ad-

justments, which are described below, will contin-

ue to be paid directly to four-star and five-star

providers. DCF indicates that YoungStar adjust-

ments will be paid via the EBT card once it is fully

implemented.

Maximum Reimbursement Rates. Payments to

child care providers are capped at maximum

weekly reimbursement rates set by DCF for each

county. If care is provided outside the county

where the parent resides, the higher of the two

county rates applies. As for an out-of-state pro-

vider, the rate in the parent's county of residence

applies.

Attachment 1 shows the maximum rates in

effect since November 9, 2014. As shown in At-

tachment 1, separate rates are set based on the

child's age. Separate rates are also provided for

the different types of child care. By statute, the

maximum rate for Level I certified providers

cannot exceed 75% of the rate for licensed family

child care providers, and the maximum rate for

Level II certified providers cannot exceed 50% of

the rate for licensed family child care providers.

The maximum hourly rate for licensed pro-

viders is the maximum weekly rate divided by 35

hours. For regularly and provisionally certified

providers, the maximum hourly rate is 75% and

50% of the licensed family hourly rate, respec-

tively.

Higher rates than the established maximum

are allowed on a case-by-case basis for children

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20

with special needs. Lower rates are provided for

part-time child care. Payment rates may also be

adjusted for individual child care providers based

on the provider's YoungStar rating, which is dis-

cussed in further detail below under "Quality

Rating and Improvement System." Further, a

child care administrative agency may establish its

own rates for child care provided for less than a

two-week period, provided sporadically, or pro-

vided for care of an ill child through negotiations

with the child care provider.

Maximum Rate Setting. The current maximum

reimbursement rates are a product of a somewhat

complicated administrative history. Prior to Feb-

ruary, 2006, each county established the maxi-

mum child care rates using a market survey of

licensed group and licensed family child care

providers. The maximum reimbursement rate was

set so that at least 75% of the number of slots for

children with licensed providers could be pur-

chased at or below the maximum rate.

Effective February 25, 2006, the Department

of Workforce Development (DWD) (which ad-

ministrated Wisconsin Shares at the time) modi-

fied the methodology of calculating subsidy rates

in order to make the program more equitable and

efficient across the state. DWD established four

rate zones based on the percent of the population

in each county living in an urban area: (a) 0-24%;

(b) 25-49%; (c) 50-74%; and (d) 75-100%. Each

county was placed into one of these four zones

based on U.S. census data. Rates were then set to

the 75th

percentile for each zone (instead of by

county) as measured by market surveys. The

planned transition to the urban rate zone system

was capped such that each county's maximum

rate increase or decrease could not exceed 10%

from the 2005 rate.

Before the transition to the new system was

completed, rates were frozen at the 2006 level

due to limited funding and increased costs for the

child care subsidy program. Administrative rules

and provisions of 2011 Act 32 prohibited DCF

from increasing rates before July, 2013. Because

market rates continued to rise during this time

period, the maximum reimbursement rate fell be-

low the 75th

percentile in all four zones.

The rate freeze ended on June 30, 2013, when

2013 Act 20 provided funding to increase the

maximum rates. Act 20 also introduced several

changes which permit DCF more discretion in

setting rates. For example, DCF (as opposed to

counties) now directly determines the rates and

state law no longer ties reimbursement rates to

specific counties.

The maximum reimbursement rates were ad-

justed in October, 2013, to bring all county/tribe

rates to within 25% of the 75th

percentile based

on the 2012 market rate survey. The rates were

again adjusted in November, 2014, to bring all

county rates within 18% of the 75th

percentile

based on the 2012 market survey. Rates have not

changed since November, 2014.

Attachments 2 and 3 show the results of the

2015 market survey, specifically the average

price per child care slot in each county. Based

upon the results of the market survey, DCF esti-

mates that the overall maximum reimbursement

rates for the state are in the 23rd

percentile of the

market price for child care slots. This means that

the maximum reimbursement rates, before adjust-

ing downward for copays, are sufficiently large

enough to pay for the entire cost of 23% of the

child care slots available in the state. Conversely,

the maximum rates would not cover the full costs

of 77% of the child care slots in the state.

Copayment Liability. Families are required to

pay a portion of child care costs subsidized under

Wisconsin Shares. DCF specifies the minimum

or estimated copayment amounts in a schedule

based on family size, income level, and other fac-

tors. Under federal law, parents cannot be

charged a different copayment amount for the

type of child care used.

The copayment amounts may be adjusted by

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21

DCF to reflect changes in: (a) child care prices or

rates; (b) the amount of available child care fund-

ing; (c) inflation; (d) the federal poverty levels;

and (e) other economic factors that affect the cost

of child care, such as a change in demand.

If a proposed change to the schedule would

increase copayments by 10% or more, the change

must be promulgated by rule. DCF may not issue

emergency rules to implement such an adjust-

ment before providing at least one month of ad-

vance notice to the public.

Attachment 4 shows the copayment schedule

in effect since March 6, 2016. As the schedule

shows, the weekly copayment amount varies

based on the family's size and income and the

number of children in subsidized care. The co-

payment schedule is structured so that the re-

quired copayment will not exceed 12% of the

family's gross income. For example, the weekly

copayment for a family of two with $1,328 in

monthly income (approximately 100% of pov-

erty) and one child in child care is $22 (or $1,144

per year). This copayment amount makes up

7.2% of the parent's annual income.

Attachment 5 shows the new copayment

schedule which became effective October 1,

2016, for counties implementing the EBT pay-

ment system. The new copayment schedule sets a

monthly copayment determined by two amounts

depending on a family's income: (a) a sliding

scale base amount determined by the number of

monthly child care hours for the family; plus (b)

an amount for each child, based on each child's

authorized hours. For example, a family having

gross income of 130% of the federal poverty lev-

el that has one child in care for 15 hours a month

and another child in care for 31 hours a month

would have: (a) a base amount of $68.50 (50% of

$137); plus (b) an additional $18.80 (10% of $47

plus 30% of $47).

There are several exceptions to the copay

schedules:

a. State law specifies that an individual who

is under the age of 20 and is attending high

school or participating in a course of study to ob-

tain a GED may not be liable for more than the

minimum copayment amount for the number of

children receiving child care.

b. Foster care parents, subsidized guardians,

interim caretakers, and kinship care parents who

have court-ordered placement of a child are not

subject to copay requirements.

c. Kinship care parents who are providing

care for a child without a court order are subject

to the minimum copayment.

d. Parents who have left a W-2 employment

position for an unsubsidized job qualify for the

minimum copay for one month.

e. Families with children who receive child

care services for 20 hours or less in a week are

subject to one half of the usual copay amount.

f. State law prohibits a copayment respon-

sibility for minor teen parents who are Learnfare

participants.

Subsidy. The maximum subsidy available to a

child care provider under Wisconsin Shares is the

lowest of the following: (a) the maximum weekly

reimbursement rate; (b) the number of authorized

hours of child care provided in a week multiplied

by the provider's private rate; or (c) the number

of authorized hours of child care provided in a

week multiplied by the hourly maximum reim-

bursement rate.

The child care provider receives the difference

between the maximum subsidy amount and the

family's copay. Families are responsible for pay-

ing the copayment directly to the provider.

Program Integrity and Penalties. DCF's

program integrity unit reviews potential fraud in

Wisconsin Shares and suspends payments to sus-

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22

pected fraudulent providers. DCF reports en-

forcement actions on its website and lists the vio-

lations committed by child care providers and

any steps the provider has taken to correct the

violation.

DCF has also instituted several initiatives to

enhance program integrity in Wisconsin Shares,

including: (a) monthly "red flag" reports, which

highlight indicators that certain child care pro-

viders may be participating in fraudulent activity;

(b) a child care anti-fraud task force to deal with

parents, child care providers, and others who

fraudulently receive child care subsidies in Mil-

waukee County; (c) new attendance reporting

methods for child care providers; (d) a child care

fraud reporting hot line and a "report child care

fraud" form available on the DCF website; and

(e) an internal referral network among all public

assistance regulators and licensors/certifiers to

identify and report suspected fraud.

Table 6 below shows fraud prevention and

overpayment expenditures, establishment, and

actual recoveries.

Attendance. Child care providers must main-

tain a written record of the daily hours of attend-

ance of each child for whom a subsidy is provid-

ed. This information must be maintained for at

least three years after the child's last day of at-

tendance, regardless of whether the child care

provider is still receiving or eligible to receive

payments under the Wisconsin Shares program.

At the time of this writing, child care provid-

ers continue to report actual attendance either via

mail or through the child care provider infor-

mation website. Once the EBT system is imple-

mented, it is anticipated that providers will no

longer report actual attendance to DCF.

Penalties. State law enables DCF to recoup

payments, withhold payments, and impose forfei-

tures on a child care provider if the provider

submits false, misleading, or irregular infor-

mation to DCF or fails to comply with the terms

of the child care subsidy program. The forfeiture

amount ranges from $100 to $10,000 based on

the seriousness of the violation and other factors.

All suspended providers have the right to appeal

suspensions and forfeitures within 30 days of the

effective date of the suspension. If a child care

providing corporation or limited liability compa-

ny cannot pay the penalty, personal liability may

extend to officers, directors, and employees hav-

ing sufficient ownership and control of the child

care business.

Benefits must be denied to applicants who

intentionally violate the rules of the subsidy pro-

gram for the purpose of establishing or maintain-

ing eligibility, including: (a) six months for the

first intentional program violation; (b) one year

Table 6: Fraud Prevention Expenditures, Establishment, and Recovery in Wisconsin Shares

2010 2011 2012 2013 2014 2015 Total

Expenditures for Fraud Prevention

and Investigation $1,892,800 $2,408,300 $2,521,300 $2,028,100 $1,456,304 $1,670,687 $11,977,491

Expenditures for Recovery of

Overpayments 351,994 565,000 369,162 276,897 256,324 220,413 2,039,790

Overpayments Established

against Suspended Providers 3,575,684 2,919,130 2,217,197 693,286 192,773 335,544 9,933,614

Collections of Overpayments and

Restitution (Recipients and

Providers) 2,653,777 3,495,611 2,557,885 2,300,491 2,003,065 1,660,560 14,671,389

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23

for the second intentional program violation; and

(c) permanently for the third intentional program

violation.

A child care provider and a parent are jointly

and severally liable for an overpayment if the

provider and parent collude to violate the child

care subsidy program. Further, state law prohibits

a child care provider from using marketing or

promotional offerings that personally benefit

Wisconsin Shares parents (such as a cash pay-

ment). This prevents providers from paying

"kickbacks" to parents that effectively split the

child care subsidy between the parent and the

provider.

Cost-Saving Initiatives. Wisconsin law au-

thorizes DCF to implement a number of cost sav-

ing measures for the Wisconsin Shares program

to ensure that expenditures for the program do

not exceed the amounts budgeted. Using this au-

thority, DCF may: (a) adjust the amount of reim-

bursement paid to child care providers who pro-

vide child care services under Wisconsin Shares;

(b) increase the copayment amount that an indi-

vidual must pay toward the cost of child care re-

ceived under Wisconsin Shares; (c) implement a

waiting list for Wisconsin Shares applicants (but

not W-2); and (d) adjust the gross income levels

for eligibility for receipt of a child care subsidy

under Wisconsin Shares.

DCF used this authority to require all licensed

family child care providers to receive attendance-

based payments. As a result, only licensed group

child care providers may receive enrollment-

based payments. DCF has not implemented a

wait-list for Wisconsin Shares participants.

As noted above, it is anticipated that the new

EBT payment system will end the use of attend-

ance-based and enrollment-based authorizations.

So long as enrollment authorizations are contin-

ued to be made, Wisconsin law requires DCF to

lower costs by limiting payments for underuti-

lized enrollments. To do this, DCF tracks a

child's weekly usage of child care authorizations

over a six-week period. If the tracked hours show

that less than 60% of the authorized hours are

used, DCF reduces the authorized hours of child

care to 90% of the highest number of hours of

child care that the child attended during any week

of that six-week period. DCF must provide writ-

ten notice of the adjustment to the parent, the

child care provider, and the applicable child care

administrative agency, and provide a grace period

of two weeks before implementing the reduced

payments to the child care provider. In determin-

ing a child's hourly usage, DCF excludes on an

annual basis two weeks of the child's vacation

time and one week of vacation time and one

week of sick time for the provider

Indirect Child Care Services

Child Care Quality and Availability. As

described in Appendix B, federal law requires

states to use a certain portion of federal and state

funding sources for child care quality improve-

ments. In addition, funding received under the

federal child care and development program is

earmarked for certain kinds of activities including

expansion of child care, child care quality im-

provements, and resource and referral services.

Approximately $17.1 million was expended

from the TANF budget in 2015-16 and $15.5 mil-

lion is budgeted in 2016-17 for programs to im-

prove child care quality and availability. The

funding is allocated for the following programs:

Technical Assistance. Technical assistance

expenditures to child care providers totaled

$686,200 in 2015-16 and are budgeted at

$541,000 in 2016-17. Funding is provided for:

(a) the Registry (a system that documents verified

formal and informal education of individuals in

the early care and education workforce); (b) the

Supporting Families Together Association

(SFTA); and (c) other technical and training op-

portunities.

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The Registry provides a credential system for

the child care and education profession. The Reg-

istry awards certificates for specialized teaching

fields and determines an individual's placement

into the career levels system based on the indi-

vidual's education and training.

SFTA and the Wisconsin Early Childhood

Association provide YoungStar training, tech-

nical assistance, and rating to support child care

providers and programs working towards quality

enhancement, training on the Wisconsin model

early learning standards and the Wisconsin pyr-

amid model, collaboration and quality improve-

ment efforts with the child care resource and re-

ferral delivery system for tribal child care needs,

and support in tribal and rural areas for family

child care programs to improve their YoungStar

ratings.

Other technical and training opportunities in-

clude accreditation support, professional practic-

es, mentoring and coaching support, and credit

for prior learning.

Resource and Referral Agencies. Wisconsin

utilizes 10 locally based child care resource and

referral agencies to provide the following ser-

vices throughout the state: (a) connect parents

with child care services and consumer education

to make informed choices in selecting child care;

(b) provide guidance to parents on child devel-

opment, early learning, child abuse and neglect

prevention, health and wellness, early care and

education, and school-readiness; (c) develop pro-

fessionals who care for and educate children; (d)

deliver training and professional development,

conferences, on-site consultation, and networking

opportunities; (e) design, implement, and evalu-

ate child care quality improvement initiatives;

and (f) collect, analyze, and share data about ear-

ly child care and education. Resource and referral

agencies also function as local YoungStar offices.

Expenditures for resource and referral agen-

cies totaled $1.5 million in 2015-16 and are

budgeted at $1.3 million in 2016-17.

Child Care Scholarships and Stipends. The

teacher education and compensation helps

(TEACH) program and the rewarding education

with wages and respect for dedication (RE-

WARD) program are designed to address child

care staffing shortages and low retention rates.

The TEACH program provides scholarships to

teachers and child care providers for educational

costs directly related to the child care field. The

scholarships, which vary in length and amount,

cover a portion of books, travel, and the costs of

tuition (from three to 18 credits), and provide a

raise or a bonus upon completion of a Registry

credential. The REWARD program provides sti-

pends to child care providers and teachers, pro-

vided that they meet certain requirements for ed-

ucation, employment, and longevity. Stipend

amounts are based on the individual's career level

in the Registry.

As of September, 2016, the TEACH program

had 1,668 active scholarship participants. As of

November, 2016, there were a total of 3,454 ac-

tive recipients participating in the REWARD

program.

TEACH and REWARD expenditures totaled

$4.1 million in 2015-16 and are budgeted $4.0

million in 2016-17.

Child Care Information Center. The child

care information center is a mail-order lending

library and information center that serves those

who work in the fields of child care and early

childhood education. The child care information

center provides free information services, library

services, and education and training services to

help Wisconsin's child care professionals. The

information center is administered by the De-

partment of Public Instruction's reference and

loan library. Expenditures for the child care in-

formation center totaled $46,000 in 2015-16 and

are budgeted at $120,000 in 2016-17.

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Table 7: YoungStar Participation (October, 2016)

Wisconsin Shares Children Authorized by YoungStar Rating

One Star* Two Star Three Star Four Star Five Star Total

0 11,517 24,401 2,187 8,401 46,506

(0%) (24.8%) (52.5%) (4.7%) (18.1%) (100%)

YoungStar Ratings of Child Care Provider by Regulated Type

One Star* Two Star Three Star Four Star Five Star Total

Licensed Group 1 565 825 104 352 1,847

Licensed Family 10 631 343 74 58 1,116

Certified Family 2 423 52 8 1 486

Public School 0 114 73 5 3 195

Total 13 1,733 1,293 191 414 3,644

(0.4%) (47.6%) (35.5%) (5.2%) (11.4%) (100.0%)

*Child care providers who were rated as one star cannot participate in Wisconsin Shares.

Other Expenditures. Additional funding in-

cludes $167,600 in 2015-16 for Milwaukee early

care administration and $362,900 in 2015-16 and

$318,100 in 2016-17 for training contracts. Other

funding that may count in part toward the federal

requirements for spending on child care quality

improvements includes $10.2 million of the total

$10.7 million expended in 2015-16 and $9.2 mil-

lion budgeted in 2016-17 of the total $10.7 mil-

lion described below for the quality rating and

improvement system. The remaining funding for

the quality rating and improvement system is part

of the budget for child care state administrative

costs.

Quality Rating and Improvement System

(YoungStar). The Child Care Quality Rating and

Improvement System, referred to as YoungStar,

evaluates child care providers on a publically

searchable five-star scale. YoungStar communi-

cates its ratings to the public and provides train-

ing, technical assistance, and certain financial

assistance in order to improve child care quality

in Wisconsin.

Administration. STFA administers the

YoungStar program locally in 10 offices in six

regions. YoungStar expenditures were $10.7 mil-

lion in 2015-16 and are budgeted at $10.7 million

in 2016-17 for: (a) quality assurance monitoring

($1.6 million); (b) training and technical assis-

tance ($4.6 million); (c) improvement grants

($1.7 million); (d) internal training and profes-

sional development ($0.7 million); (e) project

management/administration ($0.7 million); (f)

information technology ($1.1 million); and (g)

other costs, such as communication and state

staff ($0.3 million). YoungStar ratings of child

care providers are shown below in Table 7.

In general, child care providers must partici-

pate in YoungStar in order to participate in Wis-

consin Shares. However, license-exempt pro-

grams, such as those operated by school districts

discussed above in "Licensing and Certification,"

remain eligible for Wisconsin Shares.

Ratings Process. YoungStar assesses child

care providers when they apply to be in

YoungStar, and every other year thereafter when

they renew their YoungStar contract. There is an

appeals process for child care providers who dis-

agree with their rating. Ratings are posted on the

DCF website.

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Technical Consultation and Rating. STFA

uses technical consultants to complete on-site

ratings and provide consultation services to child

care providers. A technical consultant from the

regional office will first verify the provider's edu-

cation and training through the Registry to con-

firm that the provider could potentially qualify

for a higher rating. Then the technical consultant

will generally meet with the provider on-site to

develop a quality improvement plan. Over the

course of 20 weeks, the provider and consultant

will decide what the provider’s micro-grant will

be used for and monitor progress toward the

quality improvement goals. Next, the consultant

will make and discuss the YoungStar rating with

the provider. Afterwards, DCF will post the rat-

ing on the YoungStar public child care search

website.

If the provider chooses to be rated without

technical consultation, the consultant will deter-

mine the rating based upon documentation sup-

plied by the provider. If a provider chooses to be

rated before technical consultation, a consultant

will arrange to visit the program to complete a

rating within eight weeks of receiving the com-

pleted YoungStar contract.

Two different evaluation methods are used.

First, child care providers participating in

YoungStar may opt for a technical rating to re-

ceive either two or three stars. The rating is based

on the number of points earned in the following

quality indicator categories: (a) provider or staff

education and training; (b) learning environment

and curriculum; (c) business and professional

practices; and (d) health and wellness. As of July

1, 2016, a cumulative total of 2,090 providers

were rated using a technical rating.

Second, providers may opt for more intensive

formal on-site review in order to receive three,

four, or five stars. This rating uses the YoungStar

quality indicators, environmental rating scales

(which are utilized by quality rating and technical

assistance programs to observe classrooms

throughout the country), and program administra-

tion and business administration scales (which

review business practices, professional develop-

ment, staff benefits and parent/family involve-

ment). As of July 1, 2016, a cumulative total of

226 providers were rated using a formal rating.

As of, July 1, 2016, a total of $9.1 million in

micro-grants has been issued under the

YoungStar program. SFTA processes all micro-

grants.

Automated Rating. Child care providers are

automatically assigned one star if their licenses or

certifications have been revoked, suspended, or

denied, or if their payments under Wisconsin

Shares have ended due to fraud or suspected

fraud. One-star providers cannot receive reim-

bursement under Wisconsin Shares.

Child care providers that comply with licens-

ing regulations (or which are managed by a

school board) may opt out of the technical obser-

vation process and automatically receive a two-

star rating. Providers often choose to forgo the

technical ratings process because they would not

meet the educational and training requirements

needed to receive a higher rating.

Finally, child care providers may automatical-

ly receive a four- or five- star rating through ac-

creditation with certain organizations which DCF

has recognized as having equivalent standards as

YoungStar. The Wisconsin Council on Children

and Families indicates that approximately 90% of

five-star group providers received their rating via

accreditation.

As of July 1, 2016, a cumulative total of 1,461

providers active in YoungStar chose to be rated

automatically.

Tiered Reimbursement. Child care providers

receive an adjustment to their reimbursement un-

der Wisconsin Shares based on the number of

stars earned. The rate adjustment applies after the

parent copayment. The tiered reimbursement

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27

amounts are currently as follows: (a) one-star

providers are prohibited from receiving reim-

bursement under Wisconsin Shares; (b) two-star

providers receive a reduction of up to 5% from

the base reimbursement rate; (c) three-star pro-

viders receive up to the base reimbursement rate;

(d) four-star providers receive an increase of up

to 10% from the base reimbursement rate; and (e)

five-star providers receive an increase of up to

25% from the base reimbursement rate.

As part of the new EBT system for Wisconsin

Shares, DCF intends to apply a market cap to

YoungStar adjustments. As a result, the sum of

the subsidy and YoungStar bonus will no longer

be able to exceed the market price charged by the

provider. However, as described above, DCF in-

dicates that four- and five- star providers will

continue to receive YoungStar bonuses directly

during the implementation of the EBT system.

Table 8 below shows the tiered reimburse-

ments under YoungStar in 2015. As shown in the

table, YoungStar adjustment resulted in a net in-

crease in child care subsidy payments of approx-

imately $9.4 million.

Other W-2 Benefits and Services

Job Access Loans

Pursuant to rules promulgated by DCF, W-2

agencies issue job access loans to individuals. The

minimum loan amount available is $25, and the

maximum an individual may receive is $1,600 in

any 12-month period. Emergency payments may

be made within 24 to 96 hours of the approval of

the job access loan.

The W-2 agency must determine a minimum

monthly repayment amount for each loan, and an

individual receiving a loan must submit to the

agency a repayment plan for the loan which in-

cludes the maximum cash repayment amount and

the shortest repayment period that the W-2 agency

determines is feasible. At least 25% of the loan

amount must be repaid in cash. The remaining

75% may be repaid in cash or through a combina-

tion of cash and volunteer in-kind community

work approved by the W-2 agency. The partici-

pant must repay a job access loan within 12

months, which may be extended to 24 months

with W-2 agency approval.

In general, individuals who meet the nonfinan-

cial and financial eligibility requirements for par-

ticipation in a W-2 employment position may be

eligible for a job access loan if the individual: (a)

needs the loan to address an immediate and dis-

crete financial crisis that is not the result of the

individual's failure to accept a bona fide job offer

or the individual's termination of a job without

good cause; (b) needs the loan to obtain or contin-

ue employment or to repair or purchase a vehicle

that is needed to obtain or continue employment;

(c) is not in default with respect to the repayment

of any previous job access loan or repayment of

any W-2 grant or wage overpayments; and (d) is

not a migrant worker.

Generally, individuals who are less than 18

years old are not eligible for W-2 employment po-

sitions or job access loans. However, if the person

will be 18 within two months of the date of appli-

cation, the person may be eligible for a loan if the

individual is in kinship care, a foster home, a

group home, or an adult-supervised independent

living arrangement approved by the W-2 agency.

Table 8: YoungStar Tiered Reimbursement for

2015 Authorized Wisconsin YoungStar

Hours Shares Issuance Adjustment

Not Rated 1,870,786 $5,879,767 $0

1 Star 10,418 36,094 0

2 Stars 18,373,205 56,178,400 -2,989,458

3 Stars 30,164,650 106,670,045 -11,000

4 Stars 3,812,523 13,879,190 1,168,368

5 Stars 11,243,729 55,973,927 11,212,741

Total 65,475,311 $238,617,423 $9,380,651

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28

In addition, the individual must have graduated

from high school or met the standards for the

granting of a declaration of equivalency of high

school graduation.

The source of funding for job access loans

comes from the TANF block grant and the repay-

ment of job access loans. In addition, repayments

may be used to fund administrative costs associat-

ed with collecting delinquent job access loan re-

payments. DCF certifies delinquent repayments of

job access loans to the Department of Revenue for

setoff against state tax refunds and credits. Any

revenues recovered must be used to make addi-

tional job access loans. DCF may also collect de-

linquent repayments through other legal means.

Transportation Assistance

W-2 agencies must provide transportation as-

sistance to enable participation in W-2 activities.

The types of transportation services provided

may vary from agency to agency based on the

options in the area that are both available and

reasonable. A reasonable transportation option

must meet all of the following criteria:

1. The transportation option is safe;

2. All out-of-pocket transportation costs are

reasonable with respect to the applicant's or par-

ticipant's income;

3. The one-way travel time between home,

child care, and work or activities is no more than

60, or in some cases 90, minutes; and

4. All relevant factors have been considered

(such as whether the option is the most convenient

and reliable one that also meets the other criteria).

A W-2 participant who receives transportation

assistance is subject to all TANF requirements

pertaining to the 48-month lifetime limit and oth-

er nonfinancial specifications such as cooperation

with child support. However, transportation assis-

tance will not count against the 48-month time

limit for W-2 participants in an unpaid, case

management only placement if any of the follow-

ing apply: (a) they are employed for at least one

hour per month; (b) they are engaged in job

search/readiness activities requiring child care;

(c) the transportation is not provided for longer

than four months; or (d) the transportation ser-

vices are provided via a group transportation or

transportation capacity building project (such as a

TANF-funded expanded bus route).

Pregnant Women

A pregnant woman who is not considered an

at-risk pregnant woman described above under

"W-2 Employment Positions," and who would

otherwise be eligible for a W-2 employment posi-

tion except for the fact that she is not (yet) a cus-

todial parent of a dependent child is eligible for

services through a case management pregnancy

placement. Individuals in this placement may re-

ceive services such as employment training, job

search assistance, child care related activities,

and other related case management activities,

provided by the W-2 agency. The pregnancy

must be medically-verified.

Once the child is born, the participant may be

eligible for the payments and services described

above under "Custodial Parent of Infant."

Minor Custodial Parents

Under the W-2 program, an individual must be

at least 18 years old in order to participate in a

subsidized employment position. However, a cus-

todial parent under the age of 18 is eligible to meet

with a financial and employment planner, regard-

less of the income or assets of that individual or

the individual's parents. The planner may provide

the individual with information regarding W-2

eligibility, available child care services, employ-

ment and financial planning, family planning ser-

vices, community resources, and eligibility for

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29

FoodShare and other food and nutrition programs.

Assistance Payments Exempt from Levy

Payments for kinship care, community service

jobs, transitional placements, custodial parents of

infants, at-risk pregnant women, child care, and

transportation are exempt from every tax, and

from execution, garnishment, attachment, and

every other process and are inalienable.

Sanctions, Dispute Resolution, Earnings

Check, and Overpayments and Fraud

Sanctions

As noted above, a $5.00 hourly sanction is im-

posed if a participant in a community service job

or transitional placement misses required work,

training, or educational and training activities

without good cause. Additional sanctions may be

imposed upon recipients for refusal to participate

in an employment position, not cooperating with

child support requirements, intentional program

violations, and for failing a drug test.

Before taking any action against a W-2 partici-

pant that would result in a 20% or more reduction

in the participant's benefits or in termination of the

participant's eligibility to participate in W-2, a W-

2 agency must: (a) provide written notice of the

proposed action and of the reasons for the pro-

posed action to the W-2 participant; and (b) allow

the W-2 participant reasonable time to rectify the

deficiency, failure, or other behavior to avoid the

proposed action. However, notice and opportunity

to rectify are not required for actions predicated

upon W-2 financial and non-financial eligibility

criteria (such as a child becoming 18 years old or

the participant moving out of the state).

Refusal to Participate. If a W-2 participant

(or individual in a participant's W-2 group) refuses

to participate in a W-2 employment position com-

ponent, the participant is ineligible to participate

in the entire W-2 program for three months. If a

participant (or individual in a participant's W-2

group) refuses without good cause to participate in

a W-2 component three times, that participant is

ineligible to further participate in that component.

A participant is considered to have refused to

participate if he or she, without good cause, as de-

termined by the W-2 agency: (a) fails to appear

for an interview with a prospective employer, in-

cluding a work experience provider; (b) fails to

appear for an assigned activity; (c) voluntarily

leaves appropriate employment or training without

good cause; (d) is discharged from appropriate

employment or training for cause; (e) refuses to

accept a bona fide offer of employment; (f) refuses

to participate in a W-2 employment position; (g) is

discharged from a work experience site for cause;

or (h) demonstrates through other behavior or ac-

tion, as determined by the financial and employ-

ment planner, that he or she refuses to participate.

Cooperation with Child Support Efforts. In

order to be eligible for a W-2 employment posi-

tion or child care, every parent in an individual's

W-2 group must fully cooperate in efforts to estab-

lish paternity and obtain support payments or any

other payments or property to which that parent

and the dependent child may have rights, unless it

is determined that the parent has good cause for

not cooperating or is exempt because the child is

60 days old or younger. An individual who fails

three times to meet these requirements remains

ineligible until all members of the individual's W-

2 group cooperate or for a period of six months,

whichever is later.

Intentional Program Violations. If an indi-

vidual applying for or receiving benefits under W-

2, Wisconsin Shares, or emergency assistance in-

tentionally violates any provision or rule related to

these programs, the individual must be denied

benefits as follows: (a) for six months for a first

intentional program violation; (b) for one year for

a second program violation; and (c) permanently

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30

for a third intentional program violation.

Dispute Resolution

Under state law, a two-part process is estab-

lished for reviewing decisions by local W-2

agencies. The first step of the process allows in-

dividuals to petition the local agency for a fact

finding review of certain decisions. If the agen-

cy's review does not result in a decision that is

acceptable to the individual, he or she can then

petition DCF for review of the agency's decision.

The W-2 agency may also request a review by

DCF.

W-2 Agency Review. Any individual whose

application for a W-2 employment position, job

access loan, or emergency assistance is not acted

upon by the local W-2 agency with reasonable

promptness may petition the W-2 agency for re-

view of such action. A petition for review may

also be made if the application is denied in whole

or in part, if the individual's benefit is modified

or canceled, if the individual believes that the

benefit was calculated incorrectly, or if the indi-

vidual believes that he or she was placed in an

inappropriate employment position. Review is

not available if the agency's action occurred more

than 45 days prior to submission of the petition.

Upon a timely petition for review, the agency

must give the applicant or participant reasonable

notice and opportunity for a review. The agency

must render its decision as soon as possible after

the review and mail a certified copy of its deci-

sion to the applicant or participant. The agency is

required to deny a petition for review or refuse to

grant relief if the petitioner withdraws the peti-

tion in writing or abandons the petition. Aban-

donment occurs if the petitioner fails to appear in

person or by representative at a scheduled hear-

ing without good cause, as defined by DCF by

rule.

DCF Review of Financial Eligibility De-

terminations. If the W-2 agency's decision in-

volved denial of an application based solely on

the determination of financial ineligibility, DCF

is required to review the W-2 agency's decision

if: (a) the applicant or participant petitions DCF

for review of the decision within 21 days after the

certified copy of the W-2 agency decision is

mailed; or (b) the W-2 agency requests DCF to

review the agency's decision.

Reviews of financial eligibility are referred to

and conducted by the Division of Hearings and

Appeals in the Department of Administration

(DOA). The review is limited to the record and

the fact finding decision of the W-2 agency.

However, the Division may make any additional

investigation it considers necessary.

DCF must make a decision as soon as possible

and must send a certified copy of its decision to

the applicant or participant, county clerk, and W-

2 agency. The decision is a final decision, but

may be revoked or modified as conditions

change.

DCF Review of Other Agency Decisions. If

the agency's decision does not involve denial of

an application based solely on the determination

of financial ineligibility, DCF is authorized, but

not required, to review a decision by a W-2 agen-

cy. These reviews are also referred to and con-

ducted by DOA.

Corrective Actions. W-2 agencies are bound

by a DCF final decision. The W-2 agency must

place an individual in the first available W-2 em-

ployment position that is appropriate for that in-

dividual if: (a) the individual's application for a

W-2 employment position was denied and the

W-2 agency or DCF determines that the individ-

ual was in fact eligible; or (b) the individual was

placed in an inappropriate W-2 employment posi-

tion. The individual would be eligible for the

benefit for the W-2 employment position begin-

ning on the date on which the individual begins

employment or education and training activities

for that position. Further, if the W-2 agency or

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31

DCF determines that a person's benefit was im-

properly modified, canceled, or calculated, the

W-2 agency must restore the benefit to the ap-

propriate level retroactive to the date on which

the error first occurred.

Earnings Verification

State law requires DCF to periodically review

the earnings of participants in the W-2 program by

checking amounts credited to recipient social se-

curity numbers. Any discrepancy between the

amounts reported as earnings and the amounts

credited to a social security number must be inves-

tigated.

Federal law requires states to implement an

income eligibility verification system (IEVS) to

verify the accuracy of financial information pro-

vided by applicants for federally funded assistance

programs. If a state does not implement this sys-

tem, the federal TANF grant could be reduced by

as much as 2% per year.

Wisconsin utilizes a data exchange between

state, federal, and private databases to request and

verify recipient earnings information. Information

verified includes social security numbers and SSI

payments from the U.S. Social Security Admin-

istration, state wage and unemployment insurance

information collected by DWD, unearned income

from the Internal Revenue Service (IRS), and im-

migration status from the United States Citizen-

ship and Immigration Services.

The Legislative Audit Bureau determined in its

2004 single audit report that Wisconsin failed to

meet IEVS requirements for the TANF program.

DWD, which administered TANF at the time, was

notified that the state was subject to a penalty of

$4.7 million. After the State's dispute of the penal-

ty was denied, Wisconsin submitted an approved

corrective compliance plan under which no penal-

ty would be imposed if Wisconsin corrected the

IEVS violation on or before September 30, 2007.

Despite the corrective compliance plan, the Legis-

lative Audit Bureau's 2009 single audit report

identified that Wisconsin was not properly con-

ducting IEVS data matching of unearned income

with the IRS. Further, county and W-2 agencies

did not timely follow up on data matches of wage

information and unemployment insurance from

DWD. As a result, the $4.7 million penalty was

imposed on the TANF block grant for FFY 2015.

Wisconsin was required to replace this amount

with state funds.

In 2015, DCF entered into corrective action

plan to meet IEVS data matching requirements by

the end of 2016. DCF reports that it has completed

all documentation and taken the necessary steps

under the corrective action plan to be in compli-

ance with the IEVS data matching requirements.

Overpayments and Fraud

DCF is required to recover all overpayments of

benefits paid for participation in W-2 employment

positions, Transform Milwaukee and Transitional

jobs programs, child care subsidies, transportation

assistance, and emergency assistance. Further,

state law allows for recovery when a W-2 recipi-

ent receives a financial windfall (such as an inher-

itance, court settlement, or lottery winnings). DCF

must also conduct activities to reduce payment

errors and distribute funds to W-2 agencies for the

administrative costs of reducing payment errors.

Overpayments may result from administrative

errors, inadvertent errors in information provided

by the participant, or from intentional program

violations by participants willfully misreporting or

failing to report eligibility information. Liability

for an overpayment is joint and several and ex-

tends to any parent, nonmarital coparent, or step-

parent for the period of time such persons are in

the W-2 group while it receives benefits.

When an overpayment of W-2, child care, or

transportation benefits is detected, the W-2 agency

must provide notification to the participant stating

the reason for the overpayment, the time period in

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32

which it occurred, and the participant's right to

appeal the overpayment determination. The partic-

ipant can choose to follow the dispute resolution

procedures outlined above. If still not satisfied, the

participant can request a hearing under the DOA

administrative review process.

If the overpayment determination becomes fi-

nal after the dispute resolution procedures, DCF

may recoup the overpayment through several dif-

ferent methods. In general, W-2 payments may be

recovered through a tax intercept program. The

state share of these recovered payments may be

used to fund state and local welfare fraud and error

reduction efforts.

For closed cases and unpaid W-2 placements,

any overpayment may be recovered by the W-2

agency via a negotiated repayment agreement re-

quiring monthly payments over a reasonable peri-

od of time.

For community service jobs and transitional

placements (which provide cash grants to partici-

pants), the W-2 agency, county, or tribal govern-

ing body must ask a participant to voluntarily re-

pay the overpayment amount. If the participant

refuses, the W-2 agency must refer the individual

to DCF for collection or court action. DCF is re-

quired to recover an overpayment resulting from

an error by reducing the amount of the individu-

al's benefit payment by no more than 10%. A par-

ticipant may also make an additional voluntary

repayment. In cases of intentional program viola-

tions, DCF must recover the overpayment by de-

ducting the following amounts from subsequent

monthly W-2 employment benefits:

a. If the amount of the overpayment is less

than $300; 10% of the monthly benefit payment.

b. If the overpayment is at least $300, but

less than $1,000; $75.

c. If the overpayment is at least $1,000, but

less than $2,500; $100.

d. If the overpayment is $2,500 or more;

$200.

For the TEMP placements (which provide a

wage subsidy to employers), DCF may recover

from the participant up to the amount paid in wage

subsidies while the participant was ineligible to

participate. For Transform Milwaukee and Tran-

sitional Job placements (which, as discussed be-

low, also provide a subsidy to employers), DCF

may recover any overpayments from participants

that result from their misrepresentation of eligi-

bility for the program. DCF may recover over-

payments from contractors that result from a con-

tractor failing to meet performance standards or

failing to comply with the terms of the contract.

For emergency assistance, in the case of an er-

ror in payment, DCF is required to recover the

overpayment from the W-2 agency by offsetting

the agency's W-2 contract. County departments

and W-2 agencies must notify DCF if they deter-

mine that DCF may recover an overpayment. In

the case of an overpayment resulting from a mis-

representation by the participant with respect to

his or her eligibility, recovery may be made from

the participant by any legal means, including state

income tax intercept or levy against property.

A repayment will be considered delinquent if

the participant fails three times to timely submit a

payment by its due date. If a repayment is delin-

quent, DCF may issue a warrant to a county circuit

court clerk that is considered a final judgment and

perfected lien against all the participant's real

property and personal property in that county.

DCF must provide notice of the warrant to the par-

ticipant, who has the right to an administrative

hearing concerning the delinquency of the debt.

Once the warrant is issued and the time for a

hearing has expired, DCF can direct the county

sheriff to levy and seize the participant's property.

The first $1,000 in a bank account is exempt from

any levy. In addition, the greater of the following

is exempt from the levy: (a) a subsistence allow-

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33

ance of 75% of the individual's disposable earn-

ings; or (b) an amount equal to 30 times the feder-

al minimum hourly wage for each full week of the

individual's pay period.

Local Fraud Investigation. Administrative

rules provide for incentive payments to local child

care agencies for identifying fraud in Wisconsin

Shares by child care providers. The incentive

payment is an amount equal to the average month-

ly subsidy payment per child during the prior fis-

cal year, multiplied by the number of children par-

ticipating in the subsidy program for whom the

provider provides care, multiplied by 1.5 months.

The incentive payment may be used to either:

(a) add to next year’s child care fraud contract (or

its existing child-care fraud contract if requested in

the first half of the contract term) with DCF; or (b)

for another TANF-related purpose consistent with

the state TANF plan.

In 2015, DCF provided one incentive payment

to Kenosha County in the amount of $34,044. Ke-

nosha opted to receive those funds in its 2016

fraud allocation.

Mandatory Fraud Reporting. Employees of

DCF, a county, or a tribal governing body must

immediately report suspected fraudulent activity

in public assistance programs to their immediate

supervisor. The supervisor then must evaluate the

report to determine whether there is reason to sus-

pect that the fraudulent activity has occurred or is

occurring. If so, the supervisor must report the

fraudulent activity to DCF and, if in a county hav-

ing a population of 145,000 or more, to the sheriff.

Any person who fails to report suspected fraudu-

lent activity may be required to forfeit not more

than $1,000.

The identity of the employee reporting fraud

must remain confidential if it is reasonably possi-

ble to do so. Any person who reports suspected

fraudulent activity in good faith has immunity

from any liability, civil or criminal, that may re-

sult. DCF, a county, a tribal governing body, and

their employees are prohibited from taking disci-

plinary action against, or threatening to take disci-

plinary action against, any person because the per-

son in good faith reported suspected fraudulent

activities. Any employee subjected to, or threat-

ened with, disciplinary action is allowed to file an

equal rights complaint or a fair employment claim.

Criminal Penalties. Pursuant to 2013 Act

226, the Department of Justice and district attor-

neys are authorized to prosecute violations of

criminal laws affecting any public assistance

program, including W−2, FoodShare, and medi-

cal assistance. It is a Class A misdemeanor to (a)

intentionally make, or cause to be made, any

false statement or representation of material fact

in any application for W-2 benefits; or (b) con-

ceal or fail to disclose an event which would af-

fect the initial or continued eligibility for W-2

benefits. If accomplished by furnishing items or

services for which payment is or may be made

under W-2, such violations constitute a Class H

felony.

Other Related Programs

Transform Milwaukee and Transitional Jobs

Program

The Transform Milwaukee program, which

was created under 2013 Act 20 and took effect on

July 1, 2013, provides employers in the City of

Milwaukee with financial subsidies if they hire

eligible low-income individuals. In contrast with

W-2, childless individuals may qualify for the

Transform Milwaukee program, and the income

eligibility limit is higher (150% of the federal

poverty level). The program is a public-private

partnership focusing on the area of Milwaukee

encompassed by West Silver Spring Drive, West

Mitchell Street, North Sherman Boulevard, and

Highway 43. A total of 867 participants were

placed in Transform Milwaukee jobs in 2015.

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34

Under the program, DCF may reimburse an

employer or contractor for a minimum of 20 hours

per week for any of the following costs that are

attributable to the employment of an eligible indi-

vidual: (a) a wage subsidy equal to the amount of

wages paid to the individual for hours actually

worked, not to exceed 40 hours per week at the

applicable federal or state minimum wage; (b)

federal social security and Medicare taxes; (c)

state and federal unemployment taxes; and (d)

worker's compensation insurance premiums. An

employer or, subject to DCF's approval, a contrac-

tor, may pay a participant an amount that exceeds

the wage subsidy. Participants can work in the

program for a maximum of 1,040 hours.

To be eligible to participate in the program, an

individual must: (a) be at least 18 years of age; (b)

if older than 24 years of age, be a parent of a child

under age 18 or be a relative and primary caregiv-

er of a child under age 18; (c) have an annual

household income below 150% of the FPL; (d) be

unemployed for at least four weeks; (e) be ineligi-

ble to receive unemployment insurance benefits;

and (f) not be participating in a W-2 employment

position. An individual in foster care who met the

above criteria when obtaining the subsidized job is

permitted to remain in the program after reaching

the age of 22 until they complete the subsidized

job.

Furthermore, pursuant to the Transform Mil-

waukee policy manual, those meeting the above

eligibility requirements must also reside within the

boundaries of the program's service area and be a

parent with a child support order or a reunification

plan, or be an ex-offender. However, such addi-

tional requirements do not apply to those individ-

uals between 18 and 21 years of age who are in

out-of-home care or reside in Milwaukee County

and are transitioning into independent living.

Transitional Jobs Program. Subsequent to

the enactment of the Transform Milwaukee pro-

gram, 2013 Act 113 authorized DCF to establish a

similar program in areas outside Milwaukee, to the

extent funding is available. DCF must give priori-

ty to areas having relatively high rates of unem-

ployment and childhood poverty and other areas

with special needs that DCF determines should be

given priority. The same eligibility and program

requirements apply to both programs.

The program expanded beyond Milwaukee to

Forest, Langlade, Menominee, Florence, Ashland,

Bayfield, Iron, Sawyer, Rusk, Taylor, and Rock

(Beloit only) Counties. As of September 30, 2016,

184 participants have been placed in transitional

jobs.

Three entities have contracted to administer

the program locally in four geographic regions:

(a) Community Action, Inc. in the Urban South-

west Region (Beloit); (b) UMOS, Inc. in the Ru-

ral Northeast Region (Forest, Langlade, Menom-

inee, and Florence Counties) and the Urban

Southeast Region (Racine county); and (c) the

Northwest Wisconsin Concentrated Employment

Program, Inc. in the Rural Northwest Region

(Ashland, Bayfield, Iron, Sawyer, Rusk, and Tay-

lor counties). Generally, the local agencies will

take applications from participants in these areas

and match them with employers.

FoodShare Wisconsin

FoodShare, which is the state's name for the

federal supplemental nutrition assistance program

(SNAP) authorized under Title 7, Chapter 51 of

the U.S. Code, provides federally-funded benefits

to individuals and families to purchase food from

participating grocery stores and other retailers.

The Department of Health Services administers

the program in compliance with federal law and

policy, and contracts with multi-county income

maintenance consortia to conduct eligibility de-

terminations and case management functions. In

Milwaukee County, these services are performed

by state staff at Milwaukee Enrollment Services.

Federal regulations allow states to extend

"categorical eligibility" for SNAP to individuals

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35

with income less than 200% of the FPL who also

qualify for TANF-funded services ($40,320 for a

family of three in 2016). This option is currently

in effect in Wisconsin. Participants must also

meet various non-financial criteria, such as citi-

zenship requirements. As of July 1, 2016,

717,400 Wisconsin residents lived in families

that received FoodShare benefits.

For additional information on this program,

see the Legislative Fiscal Bureau's informational

paper entitled, "FoodShare."

Kinship Care

TANF funds are budgeted to support monthly

payments to certain qualifying individuals who

care for relative children. In 2017, a qualifying

caregiver receives $232 per month per child as a

"kinship care" payment. In addition, a relative

who has been appointed as a guardian of a child

may be eligible to receive "long-term kinship

care payments," which are similar to kinship care

payments. In counties and tribes other than Mil-

waukee County, relative caregivers receive these

payments from the county or tribe, while care-

givers in Milwaukee County receive these pay-

ments from DCF (which administers child wel-

fare services in that county). Each calendar year,

DCF allocates funding to counties to support the

estimated costs of making these payments.

The state has implemented a foster care li-

censing system in the child welfare system based

on the level of care needed for a child. As a part

of this effort, there has been a shift to license kin-

ship care relatives in order to be able to claim

additional federal funds. If a child is placed in the

home of a kinship care relative under a court or-

der, the relative is required to apply for a foster

home license. However, the kinship care program

still exists for relative caregivers who do not be-

come licensed foster parents.

Relatives of minor children are eligible for kin-

ship care payments if the following conditions ap-

ply:

• The kinship care relative applies to the

county, tribe, or DCF for kinship care payments

and, if the placement is court-ordered, applies for

a foster home license as well;

• The county, tribe, or DCF determines

that there is a need for the child to be placed with

the kinship care relative and that the placement

with the relative is in the best interests of the

child;

• The county, tribe, or DCF determines

that the child meets, or would be at risk of meet-

ing, one or more of the criteria regarding the need

for protective services;

• The county, tribe, or DCF conducts a

background investigation to determine if the kin-

ship care relative (and employees, prospective

employees, and adult household residents who

would have regular contact with the child) have

any arrests or convictions that could adversely

affect the child or the kinship care relative's abil-

ity to care for the child;

• The kinship care relative states that he or

she (and employees, prospective employees, or

other adults in the residence) have no arrests or

convictions that could adversely affect the child

or the ability to care for the child;

• The kinship care relative cooperates with

the application process, including applying for

other forms of assistance for which the child may

be eligible;

• The kinship care relative is not receiving

any other kinship care, foster care, subsidized

guardianship, or interim caretaker payment with

respect to the same child; and

• The child for whom the kinship care rela-

tive is providing care and maintenance is not re-

ceiving SSI benefits.

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36

The kinship care program is not administered

as a statewide benefits program with a single

budget. For this reason, although total funding

budgeted for the program on a statewide basis

may be sufficient to support all kinship care ben-

efits costs, individual counties and tribes may

have surpluses and shortfalls in their kinship care

budgets when their actual caseloads do not corre-

spond with the initial funding allocations they

receive from DCF. DCF makes adjustments to

the initial calendar year county allocations, based

on caseload information the agency receives from

counties. By rule, DCF, counties, and tribes may

place eligible caregivers on waiting lists to re-

ceive kinship care benefits if the amount of fund-

ing allocated for these payments is insufficient to

support caseloads. However, individuals who

care for children under a court order may not be

placed on waiting lists to receive these payments.

SSI Caretaker Supplement

The SSI program provides cash benefits to

low-income individuals who are elderly, blind, or

disabled. SSI recipients with dependent children

receive a "caretaker supplement" payment in addi-

tion to state and federal SSI benefits. Eligible SSI

participants receive $250 per month for the first

child and $150 per month for each additional

child. SSI recipients qualify for the caretaker sup-

plement if (among other criteria) all custodial par-

ents receive state SSI benefits, the child does not

receive an SSI benefit, and the child would have

qualified for the former AFDC program under that

program's eligibility requirements. SSI recipients

may not participate in W-2 employment positions.

For additional information on this program,

see Legislative Fiscal Bureau informational paper

entitled, "Supplemental Security Income."

BadgerCare Plus

Wisconsin's medical assistance program pro-

vides health care benefits to certain individuals

and families through BadgerCare Plus, with eli-

gibility requirements set in federal and state law.

Adults in households with income of no more

than 100% of the FPL ($20,160 for a family of

three in 2016), and children in households with

income of no more than 300% of the FPL

($60,480 for a family of three in 2016) qualify

for coverage. In Wisconsin, most W-2 recipients

qualify for medical assistance benefits because

they meet eligibility requirements for BadgerCare

Plus.

Legislative Fiscal Bureau informational paper

entitled, "Medical Assistance and Related Pro-

grams (BadgerCare Plus, EBD Medicaid, Family

Care, and SeniorCare)" provides additional in-

formation on these health programs.

Learnfare

Dependent children age six through 17 in a W-

2 group that includes a participant in a TEMP

placement, community service job, or transitional

placement are subject to the Learnfare school at-

tendance requirement unless otherwise exempt.

Each child must be enrolled in school, or must

have been enrolled in the immediately preceding

semester. In addition, certain persons must partici-

pate in case management services, including mi-

nor parents, habitual truants (absent from school

without an acceptable excuse for part or all of five

or more school days during a semester), dropouts,

returning dropouts, and children of individuals

participating in W-2 who have been unable to par-

ticipate in assigned activities due to the child’s

school-related problems.

The W-2 agency is required to verify enroll-

ment during a case review. If the children and par-

ent do not provide all information necessary for

the W-2 agency to verify enrollment, the parent is

not eligible for a W-2 employment position.

A financial penalty may be imposed if a child

fails to meet the enrollment requirement or does

not cooperate with case management services

without good cause. According to the administra-

tive rules, the penalty is a reduction in the W-2

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37

participant's cash benefit of $50 per month per

penalty, not to exceed $150 per month. The penal-

ty is imposed each month until the child complies

with the Learnfare requirements.

The child or W-2 participant may request a re-

view of an agency decision. If a review is request-

ed within 10 days of the notice of a financial pen-

alty, the penalty will not be imposed until after the

review is completed, unless the petition is with-

drawn or abandoned.

Children First

The children first program provides job train-

ing and work experience to noncustodial parents

to promote the emotional and financial responsi-

bility that a noncustodial parent has for his or her

children. A noncustodial parent who has no cur-

rent means of meeting a child support obligation

may be ordered by the court into the program. A

total of 589 participants were placed in children

first in 2015-16.

The children first program is administered by

DCF, however, DCF may contract with a county

child support agency, county human/social ser-

vices agency, tribal governing body, or W-2 agen-

cy to administer the program locally. In Milwau-

kee County, DCF contracts with the Milwaukee

County Department of Child Support Services,

which subcontracts with the Center for Veterans

Issues, UMOS, and My Father’s House for local

administration.

A participant in children first is considered an

employee of the W-2 agency, county department,

or tribal governing body for purposes of worker's

compensation benefits only. Participants are reim-

bursed a maximum of $25 per month for transpor-

tation costs associated with participating in the

program. The program requires a formal partner-

ship between the county child support agency, the

county/tribal judicial system, and the W-2 agency,

county department, or tribal governing body.

DCF is required to pay a W-2 agency, county,

or tribal governing body administering the pro-

gram not more than $400 per year for each partic-

ipant. Allocations for participating agencies, coun-

ty departments, or tribal governing bodies are

budgeted at $400 per year for each estimated par-

ticipant. Additional program costs are paid by the

agency, county, or tribal governing body. Pursuant

to 2015 Act 331, a court may order a noncustodial

parent to a children first program in another coun-

ty if the program is reasonably close and the other

county agrees to accept the parent.

A participant successfully completes the pro-

gram when he or she either fulfills child support

obligations for three consecutive months, or com-

pletes 16 weeks of employment and training activ-

ities.

Emergency Assistance

The emergency assistance program provides

assistance to needy persons with children in cases

of fire, flood, natural disaster, energy crisis, home-

lessness, or impending homelessness. Benefits are

in the form of cash, voucher, or vendor payment.

W-2 agencies administer the emergency assistance

program at the local level. There were 24,355

emergency assistance grants issued in 2015 and

11,162 for the six-month period from January

through June of 2016.

Eligibility for emergency assistance requires

the applicant to meet financial and non-financial

criteria. The non-financial eligibility criteria are as

follows: (a) the emergency resulted from a fire,

flood, natural disaster, energy crisis, homeless-

ness, or impending homelessness; (b) the child's

caretaker must not have received emergency assis-

tance within the previous 12 months; (c) the fami-

ly must be living and intending to reside in Wis-

consin; (d) the family must be U.S. citizens or

qualifying aliens; (e) the child involved was living

with a qualified caretaker within six months prior

to the application; and (f) assistance is needed to

avoid destitution of the child or to provide living

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38

arrangements and the need is not due to the care-

taker refusing to accept employment or training

without good cause.

A family is considered homeless or facing im-

pending homelessness if: (a) the family has left or

must leave its current housing because it is unin-

habitable; (b) the family is experiencing a finan-

cial crisis that makes it very difficult to make a

rent, mortgage, or property tax payment and the

family has been notified that it will be required to

leave if the payment is not made immediately; (c)

the family has a current shelter that is designed for

temporary accommodations such as a motel, hotel,

or other shelter facility; (d) a member of the fami-

ly was a victim of domestic abuse; (e) the family

is without a fixed, regular, and adequate night-

time residence; (f) the family is living in a place

that is not designed for, or ordinarily used as, a

regular sleeping accommodation; or (g) the family

has received written or oral notice that they will be

removed from their rental housing because of a

foreclosure action against the owner.

To be eligible for assistance due to an energy

crisis, the family must: (a) have exhausted re-

sources available through the Wisconsin home

energy assistance program; (b) need assistance to

obtain or maintain heat, electricity, water, or sewer

service provided by a utility company; (c) have or

be likely to have an immediate threat to their

health or safety due to the lack of the utility ser-

vice; and (d) have an energy crisis due to reasons

beyond the control of all adult members or the

reasons constitute good cause, as determined by

the W-2 agency.

The financial eligibility criteria include: (a)

gross income at or below 115% of the federal

poverty level ($23,184 for a family of three in

2016); and (b) assets at or below $2,500 in com-

bined equity value, excluding vehicles with an eq-

uity value of up to $10,000 and one home. Gross

income is measured similar to W-2, but excludes

kinship care and foster care payments.

The actual payment amount for emergencies

other than energy crisis is calculated as the lower

of the following two amounts: (a) the total of the

maximum payment amount per group member for

that group size multiplied by the number of mem-

bers in the group; or (b) the total financial need.

The actual payment for energy crisis is the maxi-

mum payment amount for the group ($500) or the

amount needed to obtain or maintain essential util-

ity service, whichever is lower.

The maximum payment amount per group

member for emergencies other than energy crisis

is as follows: (a) $258 per group member when

the group is two members; (b) $172 per group

member when the group is three members; (c)

$129 per group member when the group is four or

five members; and (d) $110 per group member

when the group is six or more members.

Financial need due to impending homelessness

is the unpaid rent and related late fees and court

costs. The financial need due to homelessness is

the first month's rent, security deposit, and neces-

sary household items. Financial need due to fire,

flood, or natural disaster is the total need from all

of the following: (a) temporary housing; (b) first

month's rent and security deposit; (c) clothing; (d)

food; (e) medical care; (f) transportation; (g) nec-

essary appliances and household items; and (h)

necessary home repairs.

Emergency assistance payments can only be

used for temporary or transitional shelter in cases

where the need arises out of a fire, flood, or natu-

ral disaster. Recipients who are homeless or facing

impending homelessness may only use assistance

to obtain or retain permanent living accommoda-

tions. W-2 agencies are also required to determine

the emergency assistance group's social service

needs and make appropriate referrals for services

such as counseling, family shelter, and child care

funding.

W-2 agencies must determine eligibility for

emergency assistance within five working days. If

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39

the group is found eligible, assistance must be

provided within the same five working days.

An individual may petition the W-2 agency for

a review within 45 days of the agency's action if:

(a) the application for emergency assistance is not

acted upon promptly; (b) assistance is partially or

wholly denied; (c) the award is modified or can-

celed; or (d) the reward is insufficient. The person

must be given reasonable notice and opportunity

for a review, and a decision must be rendered as

soon as possible. In addition, the individual may

request that DCF review the agency's decision

within 14 days of the decision.

Eligibility for Other Programs

Weatherization Assistance. The weatheriza-

tion assistance program, administered by DOA,

provides energy conservation services, such as

adding insulation, installing programmable ther-

mostats, and modifying, repairing, or replacing

heating systems. A W-2 group in which one

member is a participant in a W-2 cash grant pro-

gram (such as a community service job or a tran-

sitional placement) is categorically eligible for

weatherization assistance.

Low-Income Home Energy Assistance Pro-

gram. The low-income home energy assistance

program, administered by DOA, provides finan-

cial assistance to offset energy costs and assists

households facing an energy crisis. Similar to

eligibility for weatherization assistance, a W-2

group in which one member is a participant in a

cash grant program is categorically eligible for

energy assistance.

Federal Nutrition Programs. Children re-

ceiving TANF assistance are automatically eligi-

ble for free school meals and other child nutrition

programs. Women, infants, and children receiv-

ing TANF assistance are also eligible for the

supplemental nutrition program for women, in-

fants, and children.

Homestead Tax Credit. Property taxes or

rent under the homestead tax credit are reduced

by one-twelfth for each month or portion of a

month that a claimant participated in a W-2

community service job or transitional placement

or received W-2 benefits as the custodial parent

of an infant or as a pregnant woman in the third

trimester of an at-risk pregnancy.

Funeral, Burial and Cemetery Costs. DHS

is required to pay funeral, burial, and cemetery

expenses for most individuals who, at the time

they died, were receiving W-2, SSI, or medical

assistance benefits, and whose estates are insuffi-

cient to pay these expenses. The payment for fu-

neral and burial expenses is the lesser of $1,500

or the amount not paid by the decedent's estate or

by other persons. The payment for cemetery ex-

penses is the lesser of $1,000 or the amount not

paid by the decedent's estate or by other persons.

DHS does not provide any reimbursement for

funeral and burial expenses if these expenses ex-

ceed $4,500, and does not provide any reim-

bursement for cemetery expenses if total ceme-

tery expenses exceed $3,500. DHS may waive

these reimbursement limits if it determines that

special circumstance exist. Funeral homes, ceme-

teries and crematories must submit claims for re-

imbursement within 12 months of the date of a

qualifying individual's death.

W-2 Administration

The W-2 program can be administered at the

local level by governmental and private agencies

that enter into contracts with DCF. DCF pays W-2

benefits as a direct state activity and may impose

enrollment limits on any geographic area at any

time during the contract period.

There have been seven sets of contracts since

W-2 replaced AFDC. The seventh contract period

covers calendar years 2013 through 2016. The

2013-2016 W-2 agency contracts provide for up

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40

to four additional two-year extensions. As a re-

sult, the current set of contracts could remain in

effect for a period of 12 years until December of

2024. DCF exercised its first option to renew the

contract for a two-year extension through 2018.

Contracting Process

State law authorizes DCF to award a contract

to any person to administer the W-2 program in a

geographical area determined by DCF. DCF may

either award a contract on the basis of a competi-

tive process approved by DOA or award a con-

tract to a W-2 agency if that agency has met per-

formance standards under the immediately pre-

ceding contract period.

The competitive process used to award con-

tracts must include cost and prior experience crite-

ria. Agencies that do not meet the performance

standards under the preceding contract are per-

mitted to apply for the new contract under the

competitive process. Agencies that meet the per-

formance standards but opt not to compete for a

subsequent contract must notify their employees

at least six months prior to the expiration of the

contract.

If no acceptable provider in a geographical

area is selected under the competitive bidding

process, DCF must administer the program in

that area. However, the Secretary of DOA is au-

thorized to waive the normal state procurement

requirements with respect to a contract entered

into by DCF for the administration of W-2 under

certain conditions.

Geographical Areas. DCF must determine the

geographical area that each W-2 agency will cov-

er. No area can be smaller than one county, except

on federally recognized American Indian reserva-

tions and in Milwaukee County. An area may in-

clude more than one county.

If any changes are made to the geographical

area for which a W-2 agency is responsible, DCF

is required to use a competitive process to award

the W-2 contract for that area, regardless of

whether the W-2 agency has met the performance

standards required for continued selection under a

contract.

The current W-2 agency contracts consolidated

the state into 10 geographical areas--four areas in

Milwaukee County and six that divide the rest of

the state. As a result, no W-2 agency earned the

right under the previous W-2 contracts to first se-

lection in their respective geographic areas. Table

9 shows the contracted agencies and regions.

Contract Requirements

W-2 contracts must require each W-2 agency

to establish one or more community steering

committees to participate in the implementation of

the W-2 program. Steering committees: (a) advise

the W-2 agency concerning employment and

training activities; (b) identify and encourage em-

ployers to provide permanent, subsidized jobs, and

work experience opportunities; (c) coordinate with

local workforce development boards; and (d) may

foster and guide the entrepreneurial efforts of W-2

participants and furnish mentors to provide job-

related guidance.

Each steering committee consists of no more

than 20, members. Each county that the W-2

agency serves must be represented on a committee

by a member who is a representative of a county

department responsible for economic develop-

ment, of a city department responsible for eco-

nomic development of a city that is in that county,

or of the business community in that county. The

W-2 agency must appoint at least one representa-

tive of business interests as a committee member.

The committee must appoint a chairperson who

represents business interests. Because W-2 agen-

cies span many counties, they are authorized to

appoint as many committees as necessary to allow

the required representation on each committee

without exceeding the maximum number of com-

mittee members.

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41

Each agency contract also must contain provi-

sions requiring the W-2 agency to perform several

activities including: (a) employ at least one finan-

cial and employment planner to work with partici-

pants; (b) employ staff to meet the needs of partic-

ipants who are refugees and have cultural or lin-

guistic barriers; and (c) ensure that services deliv-

ered under W-2, the FoodShare program, and MA

are coordinated in a manner that most effectively

serves the recipients of those services. Under the

2013-2016 W-2 agency contracts, each of the W-2

agencies for the 10 geographical areas must main-

tain the following minimum staff positions: W-2

program director, W-2 program manager, quality

assurance manager, finance manager, IT manager,

and financial and employment planner.

In addition, W-2 agencies are required to: (a)

determine eligibility for and administer child care

assistance if DCF contracts with the W-2 agency

to do so; (b) provide, or contract with another per-

son to provide, credit establishment and credit re-

pair assistance after submission of a proposed plan

to DCF; (c) provide a single-page description of

all benefits and services that may be provided to

any individual by a W-2 agency; and (d) perform

any other tasks specified by DCF in the W-2

agency contract that DCF determines are neces-

sary.

W-2 agencies are also required to establish a

referral relationship with other employment and

training programs, to encourage employers to

make training available on business sites for par-

ticipants, and to work with the Wisconsin Eco-

nomic Development Corporation to coordinate

services. W-2 agencies may also establish a nutri-

tion outreach program with the community steer-

ing committee, and may coordinate with local

food pantries and food banks and other interested

parties to increase the supply of food available.

Table 9: W-2 Agencies

Agency

Region

County

America Works of Wisconsin,

Inc

East Central

Milwaukee

Milwaukee

ResCare Workforce Services Southeast Kenosha, Ozaukee, Racine, Walworth, Washington, and

Waukesha

Forward Service Corporation North Central

Northeast

Southwest

Adams, Brown, Calumet, Columbia, Dane, Dodge, Door,

Florence, Fond du Lac, Forest, Grant, Green, Green Lake,

Iowa, Jefferson, Juneau, Kewaunee, Lafayette, Langlade,

Lincoln, Manitowoc, Marathon, Marinette, Marquette,

Menominee, Oconto, Oneida, Outagamie, Portage, Price,

Richland, Rock, Sauk, Shawano, Sheboygan, Taylor, Vilas,

Waupaca, Waushara, Winnebago, Wood

Maximus Human Services, Inc West Central

Milwaukee

Milwaukee

Ross Innovative Employment

Solutions Corp

Northern Milwaukee Milwaukee

UMOS, Inc Southern Milwaukee Milwaukee

Workforce Connections, Inc Western Milwaukee Buffalo, Crawford, Jackson, La Crosse, Monroe, Pepin,

Trempealeau, and Vernon

Workforce Resource, Inc Northwest Ashland, Barron, Bayfield, Burnett, Chippewa, Clark, Douglas,

Dunn, Eau Claire, Iron, Pierce, Polk, Rusk, Sawyer, St. Croix,

and Washburn

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42

Audits of W-2 Agencies. W-2 agencies are

subject to audit by the Legislative Audit Bureau.

The Bureau may inspect, at any time, any W-2

agency's records as the Bureau deems appropriate

and necessary. In performing audits of W-2 agen-

cies, the Bureau may audit only the records and

operations of the agencies that pertain to the re-

ceipt, disbursement, or other handling of state ap-

propriations. If the Bureau inspects the records of

individual participants, it must protect the confi-

dentiality of those records. DCF may also require

a W-2 agency to submit to an independent annual

audit paid for by the agency.

Financial Accountability. Under the con-

tracts, W-2 agencies are paid using a performance-

based model for achieving outcomes for partici-

pants. No payments are provided if W-2 agencies

submit reports or claims that are incomplete or

lacking in documentation. Annual fiscal reviews

ensure that expenditures are for eligible individu-

als and are allowable under federal regulations.

DCF may withhold, deduct, reduce, or recover

payments for disallowed costs.

W-2 agencies may spend money in the manner

they determine to be most effective in reaching the

performance outcomes. Although W-2 agencies

are not paid according to the costs they incurred,

they are required to report all program expenses

incurred for operating W-2 and related programs.

These costs must be allowable costs that comply

with federal TANF cost reporting guidelines.

Performance Standards

DCF must establish performance standards for

the administration of W-2. If an agency does not

meet these standards, DCF may withhold any or

all payment from the agency.

In addition to the statutorily-required criteria,

the W-2 contracts require agencies to meet addi-

tional minimum standards of performance. Fur-

ther, DCF may negotiate with a W-2 agency for

additional outcomes if the agency has attained all

of its target outcomes under the contract.

Payment under the 2013-2016 W-2 Agency

Contracts (2017-2018 extension)

The payment structure under the contracts pro-

vides W-2 agencies with a monthly capitated

payment. In 2017, capitation payments will not

exceed 30% of the maximum contract budgeted

amount. Pursuant to contract changes made in

2016, Milwaukee agencies receive a monthly

capitated payment of $160 per case and agencies

in all other counties receive $200 per case.

The remaining 70% of payments are based on

performance standards and achieving additional

outcomes for applicants. Performance payments

are paid to W-2 agencies each month on a per-

outcome basis as negotiated with each W-2 agen-

cy under the contracts. DCF may pay for addi-

tional outcomes above these targets up to the

maximum total allocation for the geographical

area. For example, W-2 agencies may be paid a

negotiated amount for each unsubsidized job at-

tained by W-2 participants in that agency.

Finally, W-2 agencies may also be reimbursed

for certain allowable costs and for achieving work

participation rates. W-2 agencies that meet the

federal all-families work participation rate of

50% for their geographical area will receive cer-

tain quarterly payments above their total alloca-

tion amounts.

Table 10 displays the total maximum alloca-

tion for capitated payments, performance outcome

payments, cost reimbursement, and work partici-

pation rate payments in calendar year 2016 for

each W-2 agency. The total amount budgeted can-

not be exceeded in terms of payment for capitated

enrollment, performance payments, or those parts

of the W-2 program reimbursed on a cost basis.

W-2 agencies are also reimbursed for allowa-

ble costs for TEMP placements, emergency assis-

tance benefit payments, contracted child care, ref-

ugee cash assistance, and other refugee services.

TEMP cost reimbursements are shown in Table

10.

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Table 10: 2016 W-2 Agency Contract Amounts

America ResCare Forward Maximums Ross Innovative Workforce

Works of Workforce Service Human Employment UMOS, Connections, Workforce

Agency Wisconsin, Inc. Services Corporation Services, Inc Solutions Corp. Inc. Inc. Resource, Inc. Total

Maximum Capitated Amount $2,707,477 $1,917,897 $5,793,347 $2,468,424 $2,796,318 $2,623,799 $260,295 $632,442 $19,200,000

Performance Outcome Payments $4,061,210 $2,876,845 $8,690,021 $3,702,615 $4,194,477 $3,935,682 $390,442 $948,663 $28,799,954

Job Attainment 1,291,950 1,108,800 2,694,100 1,177,222 1,390,127 1,371,000 131,400 296,500 9,461,099

Long-Term Participant Job Attainment 131,950 71,200 125,672 134,211 154,154 48,025 8,574 17,614 691,400

Partial Job Attainment 62,994 122,400 348,475 159,910 178,313 63,360 19,800 25,473 980,725

Job Retention 1,302,200 833,450 2,797,560 1,069,151 1,193,940 1,096,500 120,815 268,840 8,682,456

Work Participation Rate Numerator 841,680 475,680 1,745,360 634,320 814,640 853,040 55,040 217,440 5,637,200

Noncustodial Parents Served 121,836 86,305 260,702 111,079 125,834 118,071 11,713 28,460 864,000

SSI/SSDI Attainment 30,000 31,660 212,751 133,712 66,009 135,366 14,400 25,666 649,563

Emergency Assistance Applications 278,600 147,350 505,400 283,010 271,460 250,320 28,700 68,670 1,833,510

Quarterly Incentive Payments

Work Participation $156,077 $107,967 $242,877 $136,336 $159,149 $151,578 $14,960 $31,052 $999,996

Cost Reimbursement - TEMP $1,274,950 $427,295 $850,095 $1,059,570 $1,221,940 $366,140 $0 $0 $5,199,990

Total Contract Amount $8,199,714 $5,330,004 $15,576,340 $7,366,945 $8,371,885 $7,077,199 $665,697 $1,612,157 $54,199,940

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44

Capitation rates and enrollment targets, per-

formance-based payments and targets, whether to

delete or add any performance outcomes, and any

other adjustments to the geographic area's budget

may be renegotiated annually if mutually agreed

to do so by the W-2 agency and DCF. This pro-

cess begins in August of each contract year.

Program Funding and Participation

Program Funding

The primary source of funding for the W-2

and child care programs is the federal TANF

block grant. Additional funding is provided by

the federal Child Care Development Fund

(CCDF), state GPR appropriated to DCF, segre-

gated funding from low-income public benefits,

and other program revenues.

Wisconsin's annual TANF block grant alloca-

tion from the federal government is $318.2 mil-

lion. Under federal law, a tribal organization in a

state may elect to operate a separate tribal public

assistance program. For a tribe that submits an

acceptable plan, the federal government will pro-

vide funding to the tribe and reduce the state's

TANF block grant by an equivalent amount. Af-

ter accounting for the nine separate tribal pro-

grams (Bad River, Forest County Potawatomi,

Red Cliff, Mole Lake Sokaogon, Lac du Flam-

beau, Stockbridge-Munsee Mohican, Oneida,

Menominee, and Lac Courte Oreilles), Wiscon-

sin's adjusted TANF block grant is estimated at

$313.9 million in 2016-17.

A key provision of federal law is a mainte-

nance-of-effort (MOE) requirement, which obli-

gates the state to spend an amount of state dollars

equal to 75% of historic state expenditures if the

state meets federal mandatory work requirements

($167.3 million for Wisconsin), or 80% if the

state does not meet these requirements ($178.4

million for Wisconsin). Historic state expendi-

tures are based on the former AFDC program. In

addition, the MOE may be reduced by the per-

centage reduction in the state's TANF block grant

attributable to tribal programs. Wisconsin report-

ed MOE spending of $267.8 million in FFY

2015, which is approximately 120% of historic

expenditures. More information regarding allow-

able state expenditures for the MOE requirement

is provided in Appendix B.

2015-17 Revenues and Expenditures

Table 11 shows actual and budgeted revenues

and expenditures for W-2 and other economic

support programs for the 2015-17 biennium. The

2015-16 figures reflect amounts budgeted in

2015 Wisconsin Act 55, and more recent esti-

mates of actual expenditures in that year as pro-

vided by DCF. The figures for 2016-17 are budg-

eted amounts, which reflect 2015 Act 55, more

recent revenue and expenditure estimates, and

reallocations approved by the Department of

Administration pursuant to Wis. Sta. § 49.175(2).

A description of revenues and expenditures fol-

lows.

Revenues Available for Public Assistance

Programs. As shown in Table 11, total revenues

available for public assistance programs in 2015-

16 were $768.5 million compared to the budgeted

amount of $725.0 million. Revenues are estimat-

ed at $800.2 million for 2016-17.

State Funding. State funding included $179.4

million ($159.8 million GPR, $10.5 million PR,

and $9.1 million SEG) in 2015-16, and is esti-

mated at $174.4 million ($160.4 million GPR,

$4.9 million PR, and $9.1 million SEG) for 2016-

17. The program revenue is primarily from child

support collections assigned to the state by public

assistance recipients. It also includes funds from

welfare fraud and overpayment recoveries, W-2

agency filing fees, and child care licensing fees.

Additional program revenue in 2015-16 was

available from federal income augmentation rev-

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Table 11: TANF-Related Revenues and Expenditures

Budget Actual Budget 2015-16 2015-16 2016-17 Revenues State General Purpose Revenue (GPR) $160,373,800 $159,781,600* $160,373,800 TANF Block Grant (FED) 312,713,400 312,713,400 313,896,000 TANF Contingency Fund (FED) 15,031,500 30,827,300 10,463,200 Child Care Block Grant (FED) 91,123,300 94,916,500 95,200,900 TANF and CCDF Recoveries (FED) 4,286,600 4,798,300 4,287,600 Carryover from Prior Year (All Funds) 122,617,900 145,791,700 201,961,700 Child Support Collections (PR) 3,010,800 3,914,500 3,010,800 Child Care Licensing Fees (PR) 1,700,400 1,688,100 1,650,000 Income Augmentation Receipts (PR) 4,730,300 4,730,300 0 AFDC Recoveries, State Share (PR) 160,600 81,000 160,600 SSBG from DHS (PR) 100,000 100,000 100,000 Public Benefits Funding (SEG) 9,139,700 9,139,700 9,139,700

Total Available $724,988,300 $768,482,400 $800,244,300

Expenditures Wisconsin Works Subsidized Employment Benefits $83,000,000 $51,340,400 $55,000,000 W-2 Service Contracts 58,336,500 49,630,000 55,000,000

Other TANF Employment Programs Transform Milwaukee/Transitional Jobs 6,000,000 3,841,700 8,500,000

Child Care Direct Child Care Subsidies 262,064,700 255,359,800 280,719,700 Quality Care for Quality Kids 15,492,700 17,088,000 15,492,700 Child Care State Administration 35,181,800 34,970,700 33,185,500

Other Benefits Kinship Care Benefits 21,222,700 20,621,600 21,435,000 Caretaker Supplement for Children of SSI Recipients 31,338,200 23,449,800 31,338,200 Emergency Assistance 8,500,000 6,592,000 8,500,000

Child Support Related to W-2 Children First 1,140,000 673,600 1,140,000

Administrative Support State Administration 15,080,200 13,533,500 15,295,800 Local Fraud Aids 605,500 515,800 605,500

Grant Programs Grants to Boys and Girls Clubs of America 1,175,000 1,163,100 1,175,000 Wisconsin Community Services 400,000 380,200 400,000 Fostering Futures - Connections Count 0 0 360,300 GED Testing 127,000 47,300 115,000 Adult Literacy 41,600 15,500 41,600 Legal Services 500,000 252,800 500,000

Expenditures in Other Programs Earned Income Tax Credit 67,600,000 67,600,000 69,700,000 SSBG Transfer to DHS/Community Aids 15,018,700 15,018,700 14,653,500 Child Welfare Safety Services 3,647,200 3,101,700 5,392,700 Child Welfare Prevention Services 1,389,600 1,315,500 1,389,600

Total Expenditures $627,861,400 $566,520,700 $618,440,100

Ending Balance $97,126,900 $201,961,700 $181,804,200

Source: Based on information available from the Department of Children and Families as of December, 2016.

*Does not include $592,200 GPR lapsed pursuant to 2015 Act 55.

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46

enue, referred to as "targeted case management

funds," which are federal Title XIX medical as-

sistance reimbursements for certain case man-

agement activities conducted by child welfare

caseworkers. Such funds will no longer be

claimed in future years. The segregated revenue

was established in 2003 Act 33, which created an

annual appropriation funded from segregated

low-income public benefits funding.

Annual Federal Funding. Federal funding to-

taled $443.2 million in 2015-16 and is estimated

at $423.9 million in 2016-17. Federal funding

includes the basic TANF block grant ($312.7

million in 2015-16 and $313.9 million in 2014-

15), CCDF ($94.9 million in 2015-16 and $95.2

million in 2016-17), TANF and CCDF overpay-

ment recoveries ($4.8 million in 2015-16 and

$4.3 million in 2016-17), and TANF contingency

funds ($30.8 million in 2015-16 and $10.5 mil-

lion in 2016-17).

All Funds Carryover. Table 11 shows federal

and state funding carrying over from the prior

year in the amounts of $145.8 million in 2015-16

and $202.0 million in 2016-17.

Public Assistance Expenditures. Funding for

W-2 and other economic support programs is al-

located in the 2015-17 biennium as shown in the

following paragraphs. If more funds are spent

than were budgeted, the additional funds would

come from programs with underspending in that

year and from additional revenue.

W-2 Subsidized Employment Benefits. Budg-

eted expenditures for W-2 benefits were $83.0

million in 2015-16 and $55.0 million in 2016-17.

This includes wage subsidies and cash grants for

participants in TEMP placements, community

service jobs, transitional placements, custodial

parents of newborn infants, and at-risk pregnant

women. Actual expenditures for subsidized em-

ployment benefits in 2015-16 were $51.3 million.

As shown in Figure 1, benefit payments in-

creased significantly during the 2008-2009 reces-

sion and decreased substantially after 2014. DCF

indicates that the decrease in W-2 participation

was in part due to jobs gains after the recession

ended. Other contributing factors are the 48-

month lifetime participation limit on W-2 work

placements and renewed emphasis on work re-

quirements by W-2 agencies and sanctions for

nonparticipation in work activities.

W-2 Agency Contracts. Funding of $58.3 mil-

lion in 2015-16 and $55.0 million in 2016-17 was

budgeted for W-2 agency contracts (capitation

and performance). Actual expenditures for W-2

contracts in 2015-16 were $49.6 million.

Transform Milwaukee/Transitional Jobs Pro-

gram. Under 2015 Wisconsin Act 55, the costs

for the Transform Milwaukee and Transitional

Jobs programs were budgeted at $6.0 million in

2015-16 and at $7.0 million in 2016-17. Via let-

ter dated September 19, 2016, pursuant to Wis.

Stat. § 49.175(2) the Department of Administra-

tion approved DCF's request to transfer $1.5 mil-

lion from the TANF allocation for W-2 benefits

to the Transform Milwaukee and Transitional

Jobs allocation. As a result, the total budgeted

amount is $8.5 million in 2016-17. Actual ex-

penditures in 2015-16 totaled $3.8 million.

Child Care Program. The child care program

provides funds for subsidies, programs to im-

prove child care quality and availability, and state

administration of child care, including child care

licensing, as described below. The total amount

budgeted for the child care program was $312.7

million in 2015-16 and $329.4 million in 2016-

17.

a. Child Care Subsidies. A total of $262.0

million in 2015-16 and $280.7 million in 2016-17

was budgeted for child care subsidies. Actual

subsidies for 2015-16 totaled $255.4 million.

b. Child Care State Administration. A total

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47

of $35.2 million in 2015-16 and $33.2 million in

2016-17 was budgeted for state administration of

the child care program, including fraud detection

and prevention activities and licensing and moni-

toring family and group child care facilities.

Funding also includes local administration in

Milwaukee County. Actual expenditures totaled

$35.0 million in 2015-16.

c. Quality Care for Quality Kids. A total of

$15.5 million in 2015-16 and 2016-17 was budg-

eted for programs to improve child care quality

and availability, including the quality rating and

improvement system, called YoungStar. These

funds are for activities designed to increase the

capacity and quality of child care providers in the

state.

A more thorough description of programs

funded under Quality Care for Quality Kids is

included in the "Indirect Child Care Services"

section of this paper. Actual expenditures totaled

$17.1 million in 2015-16.

Kinship Care. Budgeted expenditures for kin-

ship care were $21.2 million in 2015-16 com-

pared to actual expenditures of $20.6 million. For

2016-17, budgeted expenditures total $21.4 mil-

lion.

Caretaker Supplement Program. The caretak-

er supplement benefit is $250 for the first eligible

child and $150 for each additional eligible child

The caretaker supplement program is funded en-

tirely with TANF funds. Funding of $31.3 mil-

lion was budgeted in 2015-16 and 2016-17 for

the caretaker supplement program benefits and

administrative costs. A total of $23.5 million was

expended in 2015-16.

Emergency Assistance. A total of $8.5 million

was budgeted for emergency assistance in 2015-

Figure 1: Total W-2 Benefits January, 2006, through September, 2016

$3,000,000

$4,000,000

$5,000,000

$6,000,000

$7,000,000

$8,000,000

$9,000,000

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48

16 and $7.0 million is budgeted in 2016-17. Ac-

tual expenditures were approximately $6.6 mil-

lion in 2015-16.

DWD began tracking emergency assistance

grants in January, 2002. The number of grants

issued in calendar year 2002 totaled 7,820. After

2005 Act 25 allowed emergency assistance to be

provided for homelessness or impending home-

lessness not related to domestic violence once in

a 12-month period, rather than once in a 36-

month period under prior law, emergency assis-

tance grants issued increased to 24,355 in 2015.

Children First. Budgeted expenditures for the

children first employment program for noncusto-

dial parents are $1.1 million annually. Actual ex-

penditures for 2015-16 were $0.7 million.

State Administration and Local Fraud Aids.

The budget provided $15.1 million in 2015-16

and $15.3 million in 2016-17 for state admin-

istration of the W-2 program and other public

assistance programs being funded by TANF. An

additional $0.6 million is budgeted annually to

aid local fraud prevention and program integrity

activities. In 2015-16, actual expenditures were

$13.5 million for state administration and $0.5

million for local fraud aids.

Grant Programs. TANF funding supports var-

ious programs that provide services to eligible

low-income families, as described below. The

total amount budgeted for grant programs was

$2.2 million in 2015-16 and $2.6 million in 2016-

17

a. Boys and Girls Clubs. A total of $1.2

million annually is budgeted for grants to the

Boys and Girls Clubs of America. These grants

support programs that improve social, academic,

and employment skills of youth. Actual expendi-

tures in 2015-16 totaled $1.2 million.

b. Wisconsin Community Services. A total

of $0.4 million annually supports Wisconsin

Community Services, Inc. The funding is used

for community building training for workshop

facilitators to provide services for TANF-eligible

individuals in the City of Milwaukee. In 2015-16,

actual expenditures for Wisconsin Community

Services, Inc. totaled $0.4 million.

c. Fostering Futures - Connections Count.

Beginning in 2016-17, $0.4 million is budgeted

to support the Fostering Futures - Connections

Count pilot program, which assists low-income

families with young children by connecting them

to formal and informal support programs and ser-

vices that meet their needs.

d. High School Equivalency and General

Education Development (GED) Test Assistance.

A total of $0.1 million in 2015-16 and 2016-17

was budgeted to support GED test preparation for

TANF-eligible individuals. Actual expenditures

in 2015-16 were $47,300.

e. Adult Literacy Grants. Funding of

$41,600 annually supports literacy training to

TANF-eligible adults with low literacy or limited

English proficiency skills. Grant recipients coor-

dinate with W-2 agencies. Actual expenditures in

2015-16 were $15,500.

f. Legal Services for Low Income Families.

A total of $0.5 million annually supports the

Wisconsin Trust Account Foundation (WisTAF),

a non-profit organization established by the Wis-

consin Supreme Court. The grants support specif-

ic legal services for TANF-eligible families with

incomes below 200% of the federal poverty level,

such as those related to domestic abuse, sexual

abuse, and restraining orders for certain at-risk

elderly and disabled individuals. Actual expendi-

tures in 2015-16 were $252,800.

Earned Income Tax Credit (EITC). The feder-

al TANF regulations allow states to utilize TANF

funds for the refundable portion of state earned

income tax credits. In total, the EITC cost $101.8

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49

million in 2015-16. Of this amount TANF funded

$67.6 million. The remaining portion of the credit

is paid by GPR. TANF expenditures budgeted for

2016-17 were $69.7 million.

TANF for Community Aids and Children and

Family Aids. Under current federal law, states are

allowed to transfer up to 10% of the state's TANF

block grant funds to be used to carry out pro-

grams under the social services block grant

(SSBG). In the past, the transfer amount has var-

ied between 4.25% and 10%. These TANF funds

are distributed to counties through community

aids and children and family aids. A total of

$15.0 million (4.8%) of the TANF block grant

was budgeted for the SSBG in 2015-16 to be

used for community aids and children and family

aids. The actual amount transferred in 2015-16

was $15.0 million. The 2016-17 budgeted

amount is $14.7 million.

Child Welfare Safety Services. A total of $3.6

million in 2015-16 and $5.4 million in 2016-17

was budgeted for child welfare safety services in

Milwaukee County. In 2015-16, TANF expendi-

tures for safety services totaled $3.1 million.

Safety services are available to families in

Milwaukee County where abuse or neglect issues

have been identified, but the Division of Mil-

waukee Child Protection Services (DMCPS) has

determined that the child can remain at home

safely.

In 2015, 173 children in Wisconsin and 113

families in Milwaukee received child welfare

safety services. These services may include: (a)

supervision, observation, basic parenting assis-

tance, social and emotional support, and basic

home management; (b) child care; (c) routine and

emergency drug and alcohol screening and treat-

ment services; (d) family crisis counseling; (e)

routine and emergency mental health services; (f)

respite care; (g) housing assistance; and (h)

transportation. Families receive services that are

appropriate to their specific situations based on

the safety plan.

Child Welfare Prevention Services. The bien-

nial budget provides $1.4 million in TANF funds

annually for child abuse prevention services in

Milwaukee County. DCF provides funding to re-

duce the incidence of child abuse and neglect in

Milwaukee County through two different ser-

vices: (a) home-visiting services for parents in

Milwaukee County; and (b) community-based

grants for prevention services. TANF expendi-

tures totaled $1.3 million in 2015-16.

Ending TANF Balance. Table 11 shows an

estimated ending TANF balance of $181.8 mil-

lion in 2016-17. However, this is subject to

change as the figures for 2016-17 are budgeted

amounts.

Table 12 shows the annual ongoing TANF

revenues and expenditures based on amounts

budgeted in 2016-17 with adjustments to account

for one-time revenues (such as carryover funds).

As shown in the table, annual expenditures ex-

ceed annual revenues by $20.6 million.

Table 12: 2016-17 TANF Structural Deficit

Ongoing Revenues $587.8 Annual Expenditures 608.4

Structural Deficit - $20.6

As noted above, Table 12 is based on budget-

ed amounts in 2016-17. The TANF structural

deficit could be more if actual expenditures ex-

ceed the amounts budgeted. On the other hand, if

actual expenditures are less than the amounts

budgeted, the structural deficit would be lower.

Program Participation

Table 13 shows the number of families receiv-

ing TANF-related cash benefits for 1998 through

2016. Figure 2 shows the change in the number

of cases receiving cash benefits from the AFDC

and TANF programs from 1985 to 2016.

AFDC and W-2 Recipients. The last month

of AFDC was August, 1997. In that month, there

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Table 13: TANF Program Participation

Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept. Sept.

1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016

W-2 Cash Benefit

Transitional Placements 2,261 2,452 2,510 2,665 3,335 4,003 4,703 3,513 2,953 2,858 2,543 2,822 3,981 4,593 4,322 4,821 4,496 3,396 2,511

Community Service Jobs 6,822 3,899 3,159 4,133 5,325 5,737 5,889 2,951 2,396 2,371 2,229 3,875 7,910 9,613 8,443 10,503 9,457 5,618 3,732

Trial Jobs/ TEMP 83 42 25 19 37 18 29 21 13 11 5 9 20 15 14 3 0 0 13

Caring for a Newborn 881 996 1,078 1,245 1,296 1,529 1,392 1,396 1,339 1,466 1,579 1,643 1,652 1,677 1,011 858 943 729 640

At-Risk Pregnant Women 0 0 0 0 0 0 0 0 0 0 0 0 36 41 40 33 35 24 20

Other TANF Cash Benefits

Other Subsidized Jobs

Programs* 0 0 0 0 0 0 0 0 0 0 9 15 0 0 0 0 137 54 80

Kinship Care 5,163 5,368 6,232 4,893 5,200 5,263 5,188 5,149 5,320 5,581 5,603 8,655 7,770 6,773 6,571 6,803 6,821 4,709 4,661

Caretaker Supplement 5,668 5,516 5,576 5,889 5,646 5,925 5,992 5,883 5,744 6,150 6,029 ,607 6,955 7,195 7,241 6,991 6,963 6,016 5,755

Total Cash-Benefit Cases 20,878 18,273 18,580 18,844 20,839 22,475 23,193 18,913 17,765 18,437 17,997 23,626 28,324 29,907 27,642 30,012 28,852 20,546 17,412

Percent Change -40.3% -12.5% 1.7% 1.4% 10.6% 7.9% 3.2% -18.5% -6.1% 3.8% -2.4% 31.3% 19.9% 5.6% -7.6% 8.6% -3.9% -28.8% -15.3%

Cumulative Change

Since 1997** -40.3% -47.7% -46.8% -46.1% -40.4% -35.7% -33.6% -45.9% -49.2% -47.2% -48.5% -32.4% -18.9% -14.4% -20.9% -14.1% -17.4% -41.2% -50.2%

*Subsidized jobs programs include the real work real pay, transform Milwaukee, and transitional jobs programs.

**AFDC was phased out from September, 1997, to August, 1998. In August, 1997, there were a total of 34,948 cases with a cash benefit (34,491 in AFDC plus 457 in kinship care).

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0

10,000

20,000

30,000

40,000

50,000

60,000

70,000

80,000

90,000

100,000

Figure 2: Total Wisconsin Cases with a Cash Benefit

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52

were 34,491 families receiving an AFDC benefit,

including those cases in which the child receiving

AFDC was living with a non-legally responsible

relative or was the child of an SSI parent. Begin-

ning in September, 1997, W-2 agencies began

converting AFDC cases to the W-2 program.

Cases converted to the W-2 program could have

been placed in a W-2 employment position and

received a cash benefit under one of those W-2

employment positions.

Alternatively, in some cases the W-2 appli-

cant may have been determined to be eligible for

case management services only. Those receiving

only case management services include: (a) indi-

viduals who are currently working in unsubsi-

dized employment and are receiving case man-

agement to retain or advance in their jobs; (b)

pregnant women with no other children; (c) non-

custodial parents; or (d) minor parents.

Breakdown into W-2 Employment Posi-

tions. During the month of September, 2016,

DCF reported 6,916 cases receiving a W-2 cash

benefit. Of those, 36.3% were placed in transi-

tional placements, 54.0% were placed in a com-

munity service job, 0.2 % were placed in TEMP

subsidized employment, 9.3% received a benefit

as a caretaker of a child under eight weeks of age,

and 0.2% received at-risk pregnancy cash bene-

fits. Another 5,336 cases were receiving case

management services only.

Kinship Care and Caretaker Supplement

Recipients. When comparing caseloads for the

AFDC program with the W-2 program, it is im-

portant to include the kinship care and SSI care-

taker supplement cases, as these cases previously

received AFDC benefits and are included in the

August, 1997, AFDC caseloads.

Kinship Care. Counties began transitioning

cases from AFDC to kinship care on January 1,

1997. Beginning April 1, 1997, all new cases

were assessed for kinship care eligibility. It was

estimated that there were 457 caretakers receiv-

ing kinship care payments in August, 1997.

Counties were required to transfer all eligible

cases to kinship care by December 31, 1997. The

number of kinship care cases was at a high of

8,655 in September, 2009, and was at 4,661 in

September, 2016. The kinship care caseload has

declined with the effort to have kinship care par-

ents become licensed foster parents beginning dur-

ing the 2009-11 biennium.

Caretaker Supplement. Beginning January 1,

1998, AFDC cases involving dependent children

of SSI recipients were converted to the SSI care-

taker supplement. The number of families receiv-

ing a caretaker supplement was 5,755 in Septem-

ber, 2016.

Caseload Trend. Historically, Wisconsin's

AFDC caseload peaked at over 100,300 in April,

1986, and then began to decline. By 1990, the

average monthly number of cases had fallen

19.2% as compared to the average monthly case-

load for 1986. From 1991 to 1992 the average

monthly number of cases increased slightly be-

fore beginning an extended decline. In March

1996, the caseload was 62,900, when the state

implemented two significant reforms: the self-

sufficiency first and pay-for-performance initia-

tives. By August, 1997, the caseload had declined

44.4% compared to the March, 1996, caseload.

Since the peak Wisconsin caseload in April,

1986, the number of cases receiving cash benefits

in Wisconsin has declined by 82.6%.

Nationwide, the number of families receiving

cash benefits under the AFDC program increased

nearly every year from 1986 to 1994. In August,

1986, there were approximately 12.2 million

AFDC recipients, representing 5.1% of the total

U.S. population. In 1994, the caseload had in-

creased to 14.2 million recipients representing

5.5% of the total population. After 1994, howev-

er, national caseloads declined after the enact-

ment of the federal welfare reform legislation in

August, 1996. As shown in Figure 3, nationwide

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53

caseloads continued to decline to fewer than 3.8

million recipients in August, 2008. In 2009, case-

loads increased in response to the recession up to

4.5 million cases in December, 2010, but gradu-

ally declined during the subsequent recovery.

Overall, according to caseload data from the

federal Department of Health and Human Ser-

vices, from August, 1996, to June, 2016, case-

loads declined in every state and territory, result-

ing in a drop in the total number of TANF recipi-

ents over that time period of 78.3% nationwide.

The average monthly number of TANF recip-

ients nationwide for June, 2016, was 1.16 million

families composed of 2.66 million individuals,

which represented approximately 0.8% of the

population. Approximately 2.0 million of these

recipients were children.

It should be noted that it is unclear how many

cases nationwide now receive benefits under pro-

grams similar to the kinship care program and the

caretaker supplement program in Wisconsin.

These cases are not all included in national case-

load data because they are not all funded with

TANF. Therefore, the national decline in case-

loads of 78.3% is likely overstated by an un-

known amount.

Additional W-2 Caseload Information

More information regarding the current W-2

caseload is presented in Attachments 6 through 9.

Attachment 6 shows the paid placements for each

county in the state for September, 2016.

Attachment 7 shows the number of W-2 partic-

ipants in September, 2016, including both subsi-

dized and unsubsidized employment, by age of the

W-2 participant. W-2 participants must be 18

years of age or older. Attachment 8 provides in-

formation regarding the number of children in W-

2 groups in September, 2016, showing an average

number of children of 1.9 per family. It should be

noted that the number of participants in Attach-

ment 7 is higher than the number of W-2 groups in

Attachment 8 because a W-2 group may have

Figure 3: Nationwide Number of TANF Recipients

October, 1999, to June, 2016

2,000,000

2,500,000

3,000,000

3,500,000

4,000,000

4,500,000

5,000,000

5,500,000

6,000,000

6,500,000

7,000,000

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54

more than one participant.

Finally, Attachment 9 provides information on

the interaction between W-2 and other services. It

shows the total number of cases where participants

were receiving W-2 cash assistance and/or case

management services for the month of September,

2016. It compares the total W-2 caseload with the

number of W-2 cases that also receive medical

assistance, FoodShare, or child care services.

Child Care Participation

Child care subsidies have increased from

$127.2 million in 1998-99 to $348.8 million in

2008-09 and fallen back to $239.9 million in

2015-16. These figures do not include expendi-

tures for local administration, on-site child care,

and migrant child care. Direct child care subsidies

expenditures in Table 11 do include these ex-

penditures.

Table 14 shows the level of growth in the sub-

sidy program by comparing data for fiscal years

1998-99 through 2015-16. As reflected in Table

14, until 2008-09, the growth was due primarily to

the increase in child care caseloads, although the

average family subsidy amount had also increased.

Program growth declined beginning in 2009-10

due to several factors, including initiatives to de-

tect and prevent fraudulent activity, the economic

downturn in 2008 and 2009, and a decline in the

number of families receiving subsidies through

Wisconsin Shares. DCF also reduced reimburse-

ments to licensed family child care providers by

paying for actual attendance of children, rather

than the number of hours authorized for care.

Growth in subsidies resumed in 2015-16 after the

increases in the maximum reimbursement rates in

October, 2013, and November, 2014.

Table 14: Child Care Subsidy Growth Average Average Average Average Monthly Percent Number of Percent Number of Percent Subsidy Percent Fiscal Year Subsidies Growth Children Growth Families Growth Per Family Growth

1998-99* $10,597,636 26,763 15,412 $688 1999-00 13,006,963 22.7% 31,486 17.6% 17,750 15.2% 733 6.6% 2000-01 18,181,669 39.8 39,520 25.5 22,435 26.4 810 10.6 2001-02 20,875,288 14.8 44,985 13.8 25,769 14.9 810 0.0 2002-03 22,487,129 7.7 48,584 8.0 27,897 8.3 806 -0.5 2003-04 23,485,024 4.4 51,328 5.6 29,496 5.7 796 -1.2 2004-05 24,527,416 4.4 52,341 2.0 30,166 2.3 813 2.1 2005-06 25,625,124 4.5 54,191 3.5 31,006 2.8 826 1.6 2006-07 26,659,373 4.0 56,566 4.4 32,199 3.8 828 0.2 2007-08 27,824,584 4.4 58,379 3.2 32,820 1.9 848 2.4 2008-09 29,069,562 4.5 59,730 2.3 33,436 1.9 869 2.5 2009-10 26,319,216 -9.5 56,720 -5.0 32,443 -3.0 811 -6.7 2010-11 23,044,945 -12.4 54,055 -4.7 31,748 -2.1 726 -10.5 2011-12 22,571,848 -2.1 52,812 -2.3 31,501 -0.8 717 -1.3 2012-13 20,025,151 -11.3 49,147 -6.9 29,518 -6.3 678 -5.3 2013-14 19,615,076 -2.0 46,601 -5.2 27,867 -5.6 704 3.8 2014-15 19,781,256 0.8 46,131 -1.0 27,357 -1.8 723 2.7 2015-16 19,993,320 1.1 45,145 -2.1 26,476 -3.2 755 4.4

Total Growth 88.7% 68.7% 71.8% 9.8%

*First full year for which data is available. The program began in 1997-98.

Source: Department of Children and Families

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ATTACHMENT 1

Maximum Child Care Reimbursement Rates, Effective November 9, 2014

Licensed Group Licensed Family Regularly Certified Provisionally Certified 0 - 2 2 - 3 4 - 5 6+ 0 - 2 2 - 3 4 - 5 6+ 0 - 2 2 - 3 4 - 5 6+ 0 - 2 2 - 3 4 - 5 6+

Weekly Hourly Weekly Hourly Weekly Hourly Weekly Hourly Weekly Hourly Weekly Hourly Weekly Hourly Weekly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly

Ceiling Rate Ceiling Rate Ceiling Rate Ceiling Rate Ceiling Rate Ceiling Rate Ceiling Rate Ceiling Rate Rate Rate Rate Rate Rate Rate Rate Rate

Counties Adams $113.00 $3.23 $110.00 $3.14 $110.00 $3.14 $105.00 $3.00 $123.00 $3.51 $119.00 $3.40 $119.00 $3.40 $105.00 $3.00 $2.64 $2.55 $2.55 $2.25 $1.76 $1.70 $1.70 $1.50 Ashland 146.00 4.17 145.00 4.14 132.00 3.77 130.00 3.71 131.00 3.74 110.00 3.14 110.00 3.14 110.00 3.14 2.81 2.36 2.36 2.36 1.87 1.57 1.57 1.57 Barron 121.00 3.46 110.00 3.14 110.00 3.14 110.00 3.14 115.00 3.29 110.00 3.14 110.00 3.14 110.00 3.14 2.46 2.36 2.36 2.36 1.64 1.57 1.57 1.57 Bayfield 138.00 3.94 125.00 3.57 120.00 3.43 116.00 3.31 125.00 3.57 110.00 3.14 110.00 3.14 110.00 3.14 2.68 2.36 2.36 2.36 1.79 1.57 1.57 1.57 Brown 207.00 5.91 170.00 4.86 149.00 4.26 148.00 4.23 143.00 4.09 132.00 3.77 127.00 3.63 123.00 3.51 3.06 2.83 2.72 2.64 2.04 1.89 1.81 1.76 Buffalo 138.00 3.94 110.00 3.14 110.00 3.14 110.00 3.14 124.00 3.54 110.00 3.14 110.00 3.14 110.00 3.14 2.66 2.36 2.36 2.36 1.77 1.57 1.57 1.57 Burnett 138.00 3.94 126.00 3.60 126.00 3.60 126.00 3.60 132.00 3.77 119.00 3.40 115.00 3.29 115.00 3.29 2.83 2.55 2.46 2.46 1.89 1.70 1.64 1.64 Calumet 182.00 5.20 165.00 4.71 153.00 4.37 144.00 4.11 156.00 4.46 144.00 4.11 144.00 4.11 130.00 3.71 3.34 3.09 3.09 2.79 2.23 2.06 2.06 1.86 Chippewa 162.00 4.63 153.00 4.37 149.00 4.26 135.00 3.86 131.00 3.74 125.00 3.57 120.00 3.43 120.00 3.43 2.81 2.68 2.57 2.57 1.87 1.79 1.71 1.71 Clark 121.00 3.46 117.00 3.34 117.00 3.34 117.00 3.34 112.00 3.20 110.00 3.14 110.00 3.14 110.00 3.14 2.40 2.36 2.36 2.36 1.60 1.57 1.57 1.57 Columbia 169.00 4.83 156.00 4.46 140.00 4.00 130.00 3.71 131.00 3.74 125.00 3.57 120.00 3.43 120.00 3.43 2.81 2.68 2.57 2.57 1.87 1.79 1.71 1.71 Crawford 172.00 4.91 160.00 4.57 139.00 3.97 127.00 3.63 131.00 3.74 115.00 3.29 115.00 3.29 115.00 3.29 2.81 2.46 2.46 2.46 1.87 1.64 1.64 1.64 Dane 250.00 7.14 221.00 6.31 193.00 5.51 181.00 5.17 205.00 5.86 193.00 5.51 185.00 5.29 164.00 4.69 4.39 4.14 3.96 3.51 2.93 2.76 2.64 2.34 Dodge 165.00 4.71 165.00 4.71 143.00 4.09 143.00 4.09 135.00 3.86 125.00 3.57 122.00 3.49 122.00 3.49 2.89 2.68 2.61 2.61 1.93 1.79 1.74 1.74 Door 162.00 4.63 152.00 4.34 144.00 4.11 140.00 4.00 131.00 3.74 125.00 3.57 123.00 3.51 123.00 3.51 2.81 2.68 2.64 2.64 1.87 1.79 1.76 1.76 Douglas 165.00 4.71 157.00 4.49 141.00 4.03 132.00 3.77 150.00 4.29 135.00 3.86 135.00 3.86 130.00 3.71 3.21 2.89 2.89 2.79 2.14 1.93 1.93 1.86 Dunn 148.00 4.23 145.00 4.14 138.00 3.94 123.00 3.51 131.00 3.74 125.00 3.57 120.00 3.43 120.00 3.43 2.81 2.68 2.57 2.57 1.87 1.79 1.71 1.71 Eau Claire 184.00 5.26 172.00 4.91 158.00 4.51 149.00 4.26 165.00 4.71 149.00 4.26 149.00 4.26 149.00 4.26 3.54 3.19 3.19 3.19 2.36 2.13 2.13 2.13 Florence 153.00 4.37 153.00 4.37 135.00 3.86 126.00 3.60 153.00 4.37 153.00 4.37 117.00 3.34 117.00 3.34 3.28 3.28 2.51 2.51 2.19 2.19 1.67 1.67 Fond du Lac 171.00 4.89 153.00 4.37 138.00 3.94 137.00 3.91 138.00 3.94 127.00 3.63 127.00 3.63 127.00 3.63 2.96 2.72 2.72 2.72 1.97 1.81 1.81 1.81 Forest 158.00 4.51 135.00 3.86 135.00 3.86 113.00 3.23 158.00 4.51 135.00 3.86 135.00 3.86 113.00 3.23 3.39 2.89 2.89 2.42 2.26 1.93 1.93 1.61 Grant 151.00 4.31 151.00 4.31 151.00 4.31 151.00 4.31 121.00 3.46 110.00 3.14 110.00 3.14 110.00 3.14 2.59 2.36 2.36 2.36 1.73 1.57 1.57 1.57 Green 171.00 4.89 151.00 4.31 151.00 4.31 151.00 4.31 131.00 3.74 125.00 3.57 120.00 3.43 120.00 3.43 2.81 2.68 2.57 2.57 1.87 1.79 1.71 1.71 Green Lake 161.00 4.60 145.00 4.14 139.00 3.97 139.00 3.97 131.00 3.74 125.00 3.57 120.00 3.43 120.00 3.43 2.81 2.68 2.57 2.57 1.87 1.79 1.71 1.71 Iowa 152.00 4.34 140.00 4.00 120.00 3.43 115.00 3.29 125.00 3.57 115.00 3.29 115.00 3.29 115.00 3.29 2.68 2.46 2.46 2.46 1.79 1.64 1.64 1.64 Iron 135.00 3.86 125.00 3.57 124.00 3.54 124.00 3.54 135.00 3.86 125.00 3.57 120.00 3.43 120.00 3.43 2.89 2.68 2.57 2.57 1.93 1.79 1.71 1.71 Jackson 154.00 4.40 117.00 3.34 117.00 3.34 117.00 3.34 123.00 3.51 110.00 3.14 107.00 3.06 99.00 2.83 2.64 2.36 2.29 2.12 1.76 1.57 1.53 1.41 Jefferson 182.00 5.20 154.00 4.40 137.00 3.91 137.00 3.91 164.00 4.69 135.00 3.86 135.00 3.86 130.00 3.71 3.51 2.89 2.89 2.79 2.34 1.93 1.93 1.86 Juneau 161.00 4.60 161.00 4.60 161.00 4.60 161.00 4.60 124.00 3.54 110.00 3.14 110.00 3.14 110.00 3.14 2.66 2.36 2.36 2.36 1.77 1.57 1.57 1.57 Kenosha 222.00 6.34 200.00 5.71 176.00 5.03 171.00 4.89 190.00 5.43 175.00 5.00 165.00 4.71 155.00 4.43 4.07 3.75 3.54 3.32 2.71 2.50 2.36 2.21 Kewaunee 138.00 3.94 125.00 3.57 120.00 3.43 115.00 3.29 119.00 3.40 113.00 3.23 113.00 3.23 113.00 3.23 2.55 2.42 2.42 2.42 1.70 1.61 1.61 1.61 Lacrosse 171.00 4.89 143.00 4.09 143.00 4.09 141.00 4.03 143.00 4.09 132.00 3.77 127.00 3.63 116.00 3.31 3.06 2.83 2.72 2.49 2.04 1.89 1.81 1.66 Lafayette 151.00 4.31 151.00 4.31 151.00 4.31 151.00 4.31 125.00 3.57 110.00 3.14 110.00 3.14 110.00 3.14 2.68 2.36 2.36 2.36 1.79 1.57 1.57 1.57 Langlade 162.00 4.63 145.00 4.14 140.00 4.00 130.00 3.71 131.00 3.74 125.00 3.57 120.00 3.43 120.00 3.43 2.81 2.68 2.57 2.57 1.87 1.79 1.71 1.71 Lincoln 150.00 4.29 125.00 3.57 120.00 3.43 120.00 3.43 135.00 3.86 125.00 3.57 120.00 3.43 120.00 3.43 2.89 2.68 2.57 2.57 1.93 1.79 1.71 1.71

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56

ATTACHMENT 1 (continued)

Maximum Child Care Reimbursement Rates, Effective November 9, 2014

Licensed Group Licensed Family Regularly Certified Provisionally Certified 0 - 2 2 - 3 4 - 5 6+ 0 - 2 2 - 3 4 - 5 6+ 0 - 2 2 - 3 4 - 5 6+ 0 - 2 2 - 3 4 - 5 6+

Weekly Hourly Weekly Hourly Weekly Hourly Weekly Hourly Weekly Hourly Weekly Hourly Weekly Hourly Weekly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly

Ceiling Rate Ceiling Rate Ceiling Rate Ceiling Rate Ceiling Rate Ceiling Rate Ceiling Rate Ceiling Rate Rate Rate Rate Rate Rate Rate Rate Rate

Manitowoc $165.00 $4.71 $149.00 $4.26 $149.00 $4.26 $145.00 $4.14 $149.00 $4.26 $135.00 $3.86 $135.00 $3.86 $130.00 $3.71 $3.19 $2.89 $2.89 $2.79 $2.13 $1.93 $1.93 $1.86 Marathon 189.00 5.40 165.00 4.71 153.00 4.37 149.00 4.26 150.00 4.29 135.00 3.86 135.00 3.86 130.00 3.71 3.21 2.89 2.89 2.79 2.14 1.93 1.93 1.86 Marinette 138.00 3.94 121.00 3.46 121.00 3.46 121.00 3.46 131.00 3.74 116.00 3.31 116.00 3.31 116.00 3.31 2.81 2.49 2.49 2.49 1.87 1.66 1.66 1.66 Marquette 152.00 4.34 145.00 4.14 145.00 4.14 145.00 4.14 125.00 3.57 122.00 3.49 122.00 3.49 122.00 3.49 2.68 2.61 2.61 2.61 1.79 1.74 1.74 1.74 Milwaukee 246.00 7.03 220.00 6.29 191.00 5.46 179.00 5.11 190.00 5.43 177.00 5.06 165.00 4.71 155.00 4.43 4.07 3.79 3.54 3.32 2.71 2.53 2.36 2.21 Monroe 146.00 4.17 132.00 3.77 120.00 3.43 116.00 3.31 131.00 3.74 116.00 3.31 116.00 3.31 110.00 3.14 2.81 2.49 2.49 2.36 1.87 1.66 1.66 1.57 Oconto 148.00 4.23 125.00 3.57 120.00 3.43 115.00 3.29 125.00 3.57 111.00 3.17 110.00 3.14 110.00 3.14 2.68 2.38 2.36 2.36 1.79 1.59 1.57 1.57 Oneida 162.00 4.63 138.00 3.94 121.00 3.46 121.00 3.46 135.00 3.86 116.00 3.31 116.00 3.31 116.00 3.31 2.89 2.49 2.49 2.49 1.93 1.66 1.66 1.66 Outagamie 190.00 5.43 174.00 4.97 157.00 4.49 155.00 4.43 150.00 4.29 136.00 3.89 135.00 3.86 130.00 3.71 3.21 2.91 2.89 2.79 2.14 1.94 1.93 1.86 Ozaukee 218.00 6.23 205.00 5.86 181.00 5.17 161.00 4.60 160.00 4.57 153.00 4.37 149.00 4.26 149.00 4.26 3.43 3.28 3.19 3.19 2.29 2.19 2.13 2.13 Pepin 138.00 3.94 120.00 3.43 120.00 3.43 115.00 3.29 132.00 3.77 123.00 3.51 123.00 3.51 110.00 3.14 2.83 2.64 2.64 2.36 1.89 1.76 1.76 1.57 Pierce 170.00 4.86 160.00 4.57 140.00 4.00 130.00 3.71 131.00 3.74 125.00 3.57 120.00 3.43 120.00 3.43 2.81 2.68 2.57 2.57 1.87 1.79 1.71 1.71 Polk 138.00 3.94 125.00 3.57 120.00 3.43 115.00 3.29 125.00 3.57 110.00 3.14 110.00 3.14 110.00 3.14 2.68 2.36 2.36 2.36 1.79 1.57 1.57 1.57 Portage 189.00 5.40 165.00 4.71 153.00 4.37 145.00 4.14 150.00 4.29 136.00 3.89 136.00 3.89 136.00 3.89 3.21 2.91 2.91 2.91 2.14 1.94 1.94 1.94 Price 144.00 4.11 125.00 3.57 110.00 3.14 110.00 3.14 125.00 3.57 110.00 3.14 110.00 3.14 110.00 3.14 2.68 2.36 2.36 2.36 1.79 1.57 1.57 1.57 Racine 215.00 6.14 187.00 5.34 170.00 4.86 163.00 4.66 182.00 5.20 175.00 5.00 165.00 4.71 155.00 4.43 3.90 3.75 3.54 3.32 2.60 2.50 2.36 2.21 Richland 161.00 4.60 151.00 4.31 151.00 4.31 151.00 4.31 131.00 3.74 110.00 3.14 110.00 3.14 110.00 3.14 2.81 2.36 2.36 2.36 1.87 1.57 1.57 1.57 Rock 193.00 5.51 173.00 4.94 171.00 4.89 154.00 4.40 161.00 4.60 149.00 4.26 149.00 4.26 149.00 4.26 3.45 3.19 3.19 3.19 2.30 2.13 2.13 2.13 Rusk 132.00 3.77 116.00 3.31 116.00 3.31 110.00 3.14 124.00 3.54 110.00 3.14 110.00 3.14 110.00 3.14 2.66 2.36 2.36 2.36 1.77 1.57 1.57 1.57 St Croix 181.00 5.17 169.00 4.83 156.00 4.46 141.00 4.03 140.00 4.00 126.00 3.60 122.00 3.49 122.00 3.49 3.00 2.70 2.61 2.61 2.00 1.80 1.74 1.74 Sauk 176.00 5.03 144.00 4.11 143.00 4.09 130.00 3.71 150.00 4.29 136.00 3.89 135.00 3.86 130.00 3.71 3.21 2.91 2.89 2.79 2.14 1.94 1.93 1.86 Sawyer 127.00 3.63 110.00 3.14 110.00 3.14 110.00 3.14 125.00 3.57 110.00 3.14 110.00 3.14 110.00 3.14 2.68 2.36 2.36 2.36 1.79 1.57 1.57 1.57 Shawano 138.00 3.94 125.00 3.57 120.00 3.43 115.00 3.29 125.00 3.57 111.00 3.17 110.00 3.14 110.00 3.14 2.68 2.38 2.36 2.36 1.79 1.59 1.57 1.57 Sheboygan 189.00 5.40 165.00 4.71 145.00 4.14 145.00 4.14 150.00 4.29 135.00 3.86 135.00 3.86 130.00 3.71 3.21 2.89 2.89 2.79 2.14 1.93 1.93 1.86 Taylor 132.00 3.77 132.00 3.77 132.00 3.77 132.00 3.77 110.00 3.14 110.00 3.14 110.00 3.14 110.00 3.14 2.36 2.36 2.36 2.36 1.57 1.57 1.57 1.57 Trempealeau 132.00 3.77 121.00 3.46 120.00 3.43 115.00 3.29 125.00 3.57 110.00 3.14 110.00 3.14 110.00 3.14 2.68 2.36 2.36 2.36 1.79 1.57 1.57 1.57 Vernon 139.00 3.97 118.00 3.37 116.00 3.31 116.00 3.31 123.00 3.51 111.00 3.17 111.00 3.17 111.00 3.17 2.64 2.38 2.38 2.38 1.76 1.59 1.59 1.59 Vilas 180.00 5.14 132.00 3.77 119.00 3.40 119.00 3.40 125.00 3.57 112.00 3.20 111.00 3.17 111.00 3.17 2.68 2.40 2.38 2.38 1.79 1.60 1.59 1.59 Walworth 176.00 5.03 154.00 4.40 139.00 3.97 138.00 3.94 150.00 4.29 140.00 4.00 135.00 3.86 130.00 3.71 3.21 3.00 2.89 2.79 2.14 2.00 1.93 1.86 Washburn 138.00 3.94 125.00 3.57 120.00 3.43 110.00 3.14 125.00 3.57 113.00 3.23 110.00 3.14 110.00 3.14 2.68 2.42 2.36 2.36 1.79 1.61 1.57 1.57 Washington 201.00 5.74 165.00 4.71 160.00 4.57 145.00 4.14 150.00 4.29 135.00 3.86 135.00 3.86 130.00 3.71 3.21 2.89 2.89 2.79 2.14 1.93 1.93 1.86 Waukesha 234.00 6.69 205.00 5.86 185.00 5.29 179.00 5.11 202.00 5.77 175.00 5.00 165.00 4.71 155.00 4.43 4.33 3.75 3.54 3.32 2.89 2.50 2.36 2.21 Waupaca 151.00 4.31 148.00 4.23 132.00 3.77 132.00 3.77 121.00 3.46 110.00 3.14 110.00 3.14 110.00 3.14 2.59 2.36 2.36 2.36 1.73 1.57 1.57 1.57 Waushara 138.00 3.94 125.00 3.57 120.00 3.43 115.00 3.29 125.00 3.57 112.00 3.20 112.00 3.20 110.00 3.14 2.68 2.40 2.40 2.36 1.79 1.60 1.60 1.57 Winnebago 226.00 6.46 184.00 5.26 170.00 4.86 160.00 4.57 165.00 4.71 149.00 4.26 143.00 4.09 143.00 4.09 3.54 3.19 3.06 3.06 2.36 2.13 2.04 2.04

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ATTACHMENT 1 (continued)

Maximum Child Care Reimbursement Rates, Effective November 9, 2014

Licensed Group Licensed Family Regularly Certified Provisionally Certified 0 - 2 2 - 3 4 - 5 6+ 0 - 2 2 - 3 4 - 5 6+ 0 - 2 2 - 3 4 - 5 6+ 0 - 2 2 - 3 4 - 5 6+

Weekly Hourly Weekly Hourly Weekly Hourly Weekly Hourly Weekly Hourly Weekly Hourly Weekly Hourly Weekly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly

Ceiling Rate Ceiling Rate Ceiling Rate Ceiling Rate Ceiling Rate Ceiling Rate Ceiling Rate Ceiling Rate Rate Rate Rate Rate Rate Rate Rate Rate

Wood $154.00 $4.40 $147.00 $4.20 $147.00 $4.20 $147.00 $4.20 $138.00 $3.94 $130.00 $3.71 $127.00 $3.63 $127.00 $3.63 $2.96 $2.79 $2.72 $2.72 $1.97 $1.86 $1.81 $1.81 Menominee 138.00 3.94 125.00 3.57 120.00 3.43 115.00 3.29 125.00 3.57 113.00 3.23 110.00 3.14 110.00 3.14 2.68 2.42 2.36 2.36 1.79 1.61 1.57 1.57 Tribes* Red Cliff $138.00 $3.94 $125.00 $3.57 $120.00 $3.43 $116.00 $3.31 $125.00 $3.57 $110.00 $3.14 $110.00 $3.14 $110.00 $3.14 $2.68 $2.36 $2.36 $2.36 $1.79 $1.57 $1.57 $1.57 Stockbridge- Munsee 138.00 3.94 125.00 3.57 120.00 3.43 115.00 3.29 125.00 3.57 111.00 3.17 110.00 3.14 110.00 3.14 2.68 2.38 2.36 2.36 1.79 1.59 1.57 1.57 Potawatomi 246.00 7.03 220.00 6.29 191.00 5.46 179.00 5.11 190.00 5.43 177.00 5.06 165.00 4.71 155.00 4.43 4.07 3.79 3.54 3.32 2.71 2.53 2.36 2.21 Lac du Flambeau 180.00 5.14 132.00 3.77 119.00 3.40 119.00 3.40 125.00 3.57 112.00 3.20 111.00 3.17 111.00 3.17 2.68 2.40 2.38 2.38 1.79 1.60 1.59 1.59 Bad River 146.00 4.17 145.00 4.14 132.00 3.77 130.00 3.71 131.00 3.74 110.00 3.14 110.00 3.14 110.00 3.14 2.81 2.36 2.36 2.36 1.87 1.57 1.57 1.57 Sokaogon 158.00 4.51 135.00 3.86 135.00 3.86 113.00 3.23 158.00 4.51 135.00 3.86 135.00 3.86 113.00 3.23 3.39 2.89 2.89 2.42 2.26 1.93 1.93 1.61 Oneida Tribal Council 207.00 5.91 170.00 4.86 149.00 4.26 148.00 4.23 143.00 4.09 132.00 3.77 127.00 3.63 123.00 3.51 3.06 2.83 2.72 2.64 2.04 1.89 1.81 1.76 Lac Courtes Oreilles 127.00 3.63 110.00 3.14 110.00 3.14 110.00 3.14 125.00 3.57 110.00 3.14 110.00 3.14 110.00 3.14 2.68 2.36 2.36 2.36 1.79 1.57 1.57 1.57

*Ho-Chunk and St. Croix do not participate in a child care subsidy programs under Wisconsin Shares.

Source: Department of Children and Families

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58

ATTACHMENT 2

2015 Market Survey of Licensed Group Child Care Providers

00 - < 01 Years 02 - < 03 Years 04 - < 05 Years 06+ Years

Average Average Average Average

Max Price Max Price Max Price Max Price

Counties Rate per Slot Rate per Slot Rate per Slot Rate per Slot

Adams $113.00 $200.00 $110.00 $200.00 $110.00 $150.00 $105.00 $150.00

Ashland 146.00 154.50 145.00 154.50 132.00 141.75 130.00 136.50

Barron 121.00 141.29 110.00 133.97 110.00 129.12 110.00 116.44

Bayfield 138.00 138.00 125.00 125.00 120.00 125.00 116.00 125.00

Brown 207.00 235.59 170.00 200.71 149.00 179.65 148.00 173.81

Buffalo 138.00 N.A. 110.00 85.00 110.00 85.00 110.00 85.00

Burnett 138.00 N.A. 126.00 N.A. 126.00 N.A. 126.00 N.A.

Calumet 182.00 203.49 165.00 187.65 153.00 171.73 144.00 180.01

Chippewa 162.00 199.18 153.00 190.04 149.00 180.10 135.00 164.82

Clark 121.00 149.36 117.00 141.17 117.00 135.59 117.00 132.33

Columbia 169.00 201.32 156.00 179.31 140.00 154.44 130.00 147.26

Crawford 172.00 243.45 160.00 225.90 139.00 195.75 127.00 160.30

Dane 250.00 302.55 221.00 256.97 193.00 234.57 181.00 209.30

Dodge 165.00 205.80 165.00 183.00 143.00 161.11 143.00 158.19

Door 162.00 195.49 152.00 176.17 144.00 162.18 140.00 157.73

Douglas 165.00 171.29 157.00 162.41 141.00 150.85 132.00 139.81

Dunn 148.00 193.21 145.00 181.62 138.00 171.33 123.00 157.26

Eau Claire 184.00 205.71 172.00 187.87 158.00 171.10 149.00 161.14

Florence 153.00 N.A. 153.00 N.A. 135.00 N.A. 126.00 N.A.

Fond du Lac 171.00 201.44 153.00 180.10 138.00 160.68 137.00 144.79

Forest 158.00 N.A. 135.00 N.A. 135.00 N.A. 113.00 N.A.

Grant 151.00 147.52 151.00 144.48 151.00 144.48 151.00 144.48

Green 171.00 218.80 151.00 192.80 151.00 174.00 151.00 160.98

Green Lake 161.00 N.A. 145.00 N.A. 139.00 N.A. 139.00 N.A.

Iowa 152.00 182.33 140.00 159.54 120.00 159.54 115.00 159.54

Iron 135.00 N.A. 125.00 N.A. 124.00 N.A. 124.00 N.A.

Jackson 154.00 171.73 117.00 140.68 117.00 133.52 117.00 133.52

Jefferson 182.00 199.10 154.00 174.48 137.00 161.83 137.00 145.99

Juneau 161.00 186.25 161.00 177.00 161.00 162.40 161.00 162.40

Kenosha 222.00 227.78 200.00 209.03 176.00 192.18 171.00 188.01

Kewaunee 138.00 179.64 125.00 160.91 120.00 151.40 115.00 147.32

La Crosse 171.00 191.75 143.00 167.23 143.00 158.42 141.00 158.12

Lafayette 151.00 N.A. 151.00 N.A. 151.00 N.A. 151.00 N.A.

Langlade 162.00 186.25 145.00 147.50 140.00 147.50 130.00 N.A.

Lincoln 150.00 155.74 125.00 134.94 120.00 122.59 120.00 111.30

Manitowoc 165.00 190.80 149.00 173.23 149.00 171.41 145.00 160.47

Marathon 189.00 222.64 165.00 189.50 153.00 174.06 149.00 160.64

Marinette 138.00 145.41 121.00 136.44 121.00 123.81 121.00 119.36

Marquette 152.00 N.A. 145.00 N.A. 145.00 N.A. 145.00 100.00

Menominee 138.00 144.00 125.00 119.00 120.00 119.00 115.00 99.00

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59

ATTACHMENT 2 (continued)

2015 Market Survey of Licensed Group Child Care Providers

00 - < 01 Years 02 - < 03 Years 04 - < 05 Years 06+ Years

Average Average Average Average

Max Price Max Price Max Price Max Price

Counties Rate per Slot Rate per Slot Rate per Slot Rate per Slot

Milwaukee $246.00 $297.90 $220.00 $265.33 $191.00 $226.10 $179.00 $189.87

Monroe 146.00 174.57 132.00 154.21 120.00 146.13 116.00 138.99

Oconto 148.00 172.84 125.00 147.94 120.00 139.39 115.00 137.06

Oneida 162.00 165.61 138.00 143.72 121.00 135.37 121.00 120.34

Outagamie 190.00 228.61 174.00 206.95 157.00 188.19 155.00 182.30

Ozaukee 218.00 269.43 205.00 253.00 181.00 221.20 161.00 186.82

Pepin 138.00 145.00 120.00 135.00 120.00 125.00 115.00 120.00

Pierce 170.00 184.68 160.00 171.13 140.00 154.26 130.00 142.05

Polk 138.00 164.30 125.00 157.21 120.00 148.90 115.00 147.41

Portage 189.00 201.86 165.00 189.98 153.00 179.47 145.00 165.42

Price 144.00 165.49 125.00 143.94 110.00 136.59 110.00 142.31

Racine 215.00 234.23 187.00 209.96 170.00 186.08 163.00 170.57

Richland 161.00 N.A. 151.00 N.A. 151.00 N.A. 151.00 N.A.

Rock 193.00 219.83 173.00 187.07 171.00 170.95 154.00 162.97

Rusk 132.00 150.00 116.00 132.05 116.00 132.05 110.00 N.A.

St. Croix 176.00 184.28 144.00 174.88 143.00 160.56 130.00 149.10

Sauk 127.00 145.00 110.00 125.00 110.00 125.00 110.00 125.00

Sawyer 138.00 156.90 125.00 143.75 120.00 138.22 115.00 140.13

Shawano 189.00 221.49 165.00 189.95 145.00 169.29 145.00 165.45

Sheboygan 181.00 200.40 169.00 180.02 156.00 169.73 141.00 144.65

Taylor 132.00 190.00 132.00 190.00 132.00 190.00 132.00 190.00

Trempealeau 132.00 143.07 121.00 134.60 120.00 134.60 115.00 131.32

Vernon 139.00 174.31 118.00 157.64 116.00 152.22 116.00 152.22

Vilas 180.00 202.75 132.00 141.72 119.00 126.18 119.00 130.61

Walworth 176.00 202.74 154.00 176.15 139.00 149.54 138.00 148.50

Washburn 138.00 140.00 125.00 N.A. 120.00 N.A. 110.00 N.A.

Washington 201.00 216.17 165.00 199.01 160.00 178.66 145.00 162.54

Waukesha 234.00 272.61 205.00 239.00 185.00 214.05 179.00 192.51

Waupaca 151.00 156.16 148.00 146.16 132.00 132.92 132.00 131.68

Waushara 138.00 149.68 125.00 146.49 120.00 139.68 115.00 125.00

Winnebago 226.00 234.89 184.00 211.70 170.00 193.86 160.00 179.92

Wood 154.00 167.72 147.00 159.17 147.00 153.13 147.00 146.05

*N.A.: Data not available from market survey.

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60

ATTACHMENT 3

2015 Market Survey of Licensed Family Child Care Providers

00 - < 01 Years 02 - < 03 Years 04 - < 05 Years 06+ Years

Average Average Average Average

Max Price Max Price Max Price Max Price

Counties Rate per Slot Rate per Slot Rate per Slot Rate per Slot

Adams $123.00 $150.00 $119.00 $117.50 $119.00 $117.50 $105.00 $125.00

Ashland 131.00 135.00 110.00 124.44 110.00 124.44 110.00 124.29

Barron 115.00 125.91 110.00 127.09 110.00 127.09 110.00 125.43

Bayfield 125.00 150.00 110.00 125.00 110.00 125.00 110.00 125.00

Brown 143.00 160.38 132.00 145.44 127.00 141.65 123.00 132.03

Buffalo 124.00 136.88 110.00 113.12 110.00 113.12 110.00 113.12

Burnett 132.00 140.00 119.00 140.00 115.00 130.00 115.00 N.A.

Calumet 156.00 156.00 144.00 146.00 144.00 142.00 130.00 135.00

Chippewa 131.00 133.33 125.00 127.22 120.00 126.67 120.00 126.88

Clark 112.00 123.33 110.00 117.50 110.00 115.83 110.00 113.75

Columbia 131.00 139.00 125.00 132.00 120.00 131.00 120.00 131.00

Crawford 131.00 133.48 115.00 123.91 115.00 123.91 115.00 122.00

Dane 205.00 225.94 193.00 214.36 185.00 207.94 164.00 198.25

Dodge 135.00 136.00 125.00 133.00 122.00 131.00 122.00 126.25

Door 131.00 N.A. 125.00 N.A. 123.00 N.A. 123.00 N.A.

Douglas 150.00 160.00 135.00 150.00 135.00 150.00 130.00 150.00

Dunn 131.00 142.75 125.00 136.25 120.00 135.00 120.00 135.00

Eau Claire 165.00 148.72 149.00 143.08 149.00 142.05 149.00 132.17

Florence 153.00 N.A. 153.00 N.A. 117.00 N.A. 117.00 N.A.

Fond du Lac 138.00 145.71 127.00 137.14 127.00 137.14 127.00 137.14

Forest 158.00 155.00 135.00 130.00 135.00 130.00 113.00 130.00

Grant 121.00 128.33 110.00 124.58 110.00 122.08 110.00 110.00

Green 131.00 145.26 125.00 142.84 120.00 141.05 120.00 140.60

Green Lake 131.00 161.00 125.00 150.00 120.00 140.00 120.00 130.00

Iowa 125.00 160.00 115.00 153.75 115.00 146.25 115.00 146.25

Iron 135.00 N.A. 125.00 N.A. 120.00 N.A. 120.00 N.A.

Jackson 123.00 142.08 110.00 125.21 107.00 125.21 99.00 110.71

Jefferson 164.00 181.67 135.00 155.83 135.00 153.33 130.00 125.00

Juneau 124.00 125.00 110.00 125.00 110.00 100.00 110.00 100.00

Kenosha 190.00 191.43 175.00 176.43 165.00 163.21 155.00 155.50

Kewaunee 119.00 135.00 113.00 132.50 113.00 132.50 113.00 118.33

La Crosse 143.00 157.31 132.00 145.08 127.00 141.78 116.00 139.96

Lafayette 125.00 125.00 110.00 125.00 110.00 125.00 110.00 125.00

Langlade 131.00 112.50 125.00 112.50 120.00 112.50 120.00 125.00

Lincoln 135.00 147.86 125.00 132.86 120.00 127.86 120.00 125.00

Manitowoc 149.00 169.50 135.00 162.50 135.00 160.00 130.00 160.00

Marathon 150.00 151.41 135.00 142.32 135.00 135.25 130.00 129.47

Marinette 131.00 140.00 116.00 135.00 116.00 125.00 116.00 N.A.

Marquette 125.00 156.00 122.00 156.00 122.00 145.00 122.00 140.00

Menominee 125.00 N.A. 113.00 N.A. 110.00 N.A. 110.00 N.A.

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61

ATTACHMENT 3 (continued)

2015 Market Survey of Licensed Family Child Care Providers

00 - < 01 Years 02 - < 03 Years 04 - < 05 Years 06+ Years

Average Average Average Average

Max Price Max Price Max Price Max Price

Counties Rate per Slot Rate per Slot Rate per Slot Rate per Slot

Milwaukee $190.00 $220.75 $177.00 $200.86 $165.00 $182.66 $155.00 $173.38

Monroe 131.00 129.57 116.00 119.79 116.00 118.71 110.00 118.00

Oconto 125.00 140.00 111.00 135.00 110.00 130.00 110.00 130.00

Oneida 135.00 146.67 116.00 120.00 116.00 120.00 116.00 120.00

Outagamie 150.00 165.78 136.00 155.07 135.00 153.54 130.00 150.17

Ozaukee 160.00 N.A. 153.00 196.15 149.00 196.15 149.00 N.A.

Pepin 132.00 145.51 123.00 130.21 123.00 122.71 110.00 122.71

Pierce 131.00 144.13 125.00 135.18 120.00 128.87 120.00 122.25

Polk 125.00 123.00 110.00 122.17 110.00 122.17 110.00 122.60

Portage 150.00 164.50 136.00 160.50 136.00 156.00 136.00 163.33

Price 125.00 122.50 110.00 100.00 110.00 100.00 110.00 100.00

Racine 182.00 167.00 175.00 158.00 165.00 153.75 155.00 141.67

Richland 131.00 119.00 110.00 116.50 110.00 116.50 110.00 116.50

Rock 161.00 165.00 149.00 150.75 149.00 145.65 149.00 145.70

Rusk 124.00 130.00 110.00 130.00 110.00 130.00 110.00 130.00

St. Croix 150.00 157.88 136.00 146.36 135.00 146.02 130.00 144.74

Sauk 125.00 125.00 110.00 122.50 110.00 122.50 110.00 122.50

Sawyer 125.00 130.00 111.00 125.00 110.00 120.00 110.00 N.A.

Shawano 150.00 150.80 135.00 140.47 135.00 135.13 130.00 142.43

Sheboygan 140.00 155.00 126.00 150.20 122.00 147.60 122.00 139.09

Taylor 110.00 131.25 110.00 131.25 110.00 131.25 110.00 131.25

Trempealeau 125.00 133.75 110.00 122.50 110.00 118.75 110.00 116.25

Vernon 123.00 121.00 111.00 113.33 111.00 112.67 111.00 100.00

Vilas 125.00 142.50 112.00 122.50 111.00 122.50 111.00 120.00

Walworth 150.00 155.79 140.00 143.68 135.00 148.67 130.00 136.67

Washburn 125.00 128.33 113.00 116.67 110.00 116.67 110.00 122.50

Washington 150.00 173.75 135.00 161.25 135.00 138.75 130.00 141.67

Waukesha 202.00 214.29 175.00 181.54 165.00 178.15 155.00 170.00

Waupaca 121.00 112.50 110.00 107.50 110.00 107.50 110.00 107.50

Waushara 125.00 135.50 112.00 132.17 112.00 132.17 110.00 112.17

Winnebago 165.00 170.71 149.00 156.43 143.00 151.59 143.00 146.50

Wood 138.00 138.75 130.00 133.00 127.00 130.00 127.00 121.67

*N.A.: Data not available from market survey.

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ATTACHMENT 4

Child Care Copayment Schedule, Effective March 6, 2016*

Weekly Copay Requirement Gross Monthly Income by Family Size Children in Subsidized Care FPL 2 3 4 5 6 7 8 9 10+ 1 2 3 4 5+ 70% $929 $1,172 $1,415 $1,657 $1,900 $2,143 $2,385 $2,628 $2,871 $6 $11 $17 $21 $28 75% 996 1,256 1,516 1,776 2,036 2,296 2,556 2,816 3,076 6 14 20 26 32 80% 1,062 1,339 1,617 1,894 2,171 2,449 2,726 3,003 3,281 9 15 22 29 35 85% 1,128 1,423 1,718 2,012 2,307 2,602 2,896 3,191 3,486 14 20 26 32 42 90% 1,195 1,507 1,819 2,131 2,443 2,755 3,067 3,379 3,691 15 25 31 40 48 95% 1,261 1,590 1,920 2,249 2,531 2,908 3,237 3,566 3,896 20 29 38 48 54 100% 1,328 1,674 2,021 2,368 2,714 3,061 3,408 3,754 4,101 22 32 41 52 61 105% 1,394 1,758 2,122 2,486 2,850 3,214 3,578 3,942 4,218 26 35 46 55 65 110% 1,460 1,842 2,223 2,604 2,986 3,367 3,748 4,130 4,511 29 39 48 58 68 115% 1,527 1,925 2,324 2,723 3,121 3,520 3,919 4,317 4,716 32 41 52 62 71 120% 1,593 2,009 2,425 2,841 3,257 3,673 4,089 4,505 4,921 35 46 55 64 75 125% 1,659 2,093 2,526 2,959 3,393 3,826 4,259 4,693 5,126 39 49 58 69 80 130% 1,726 2,176 2,627 3,078 3,528 3,979 4,430 4,880 5,331 41 53 65 76 88 135% 1,792 2,260 2,728 3,196 3,664 4,132 4,600 5,068 5,424 45 58 70 83 96 140% 1,859 2,344 2,829 3,315 3,800 4,285 4,771 5,256 5,741 47 61 75 87 102 145% 1,925 2,428 2,930 3,433 3,936 4,438 4,941 5,444 5,946 51 64 76 90 104 150% 1,991 2,511 3,031 3,551 4,071 4,591 5,011 5,631 6,151 55 67 81 93 108 155% 2,058 2,595 3,132 3,605 4,207 4,744 5,282 5,819 6,356 57 70 84 95 111 160% 2,124 2,679 3,233 3,788 4,343 4,897 5,452 6,007 6,561 61 75 87 101 114 165% 2,190 2,762 3,334 3,838 4,478 5,050 5,622 6,194 6,766 62 76 90 101 117 170% 2,257 2,846 3,435 4,025 4,614 5,203 5,793 6,382 6,971 63 81 94 108 120 175% 2,323 2,930 3,536 4,143 4,750 5,356 5,963 6,570 7,176 65 83 96 111 123 180% 2,390 3,014 3,638 4,262 4,886 5,510 6,134 6,758 7,382 68 86 101 114 126 185% 2,456 3,097 3,739 4,380 5,021 5,663 6,181 6,945 7,587 70 88 104 116 130 190% 2,522 3,181 3,840 4,498 5,157 5,816 6,474 7,133 7,792 71 90 107 119 132 195% 2,589 3,265 3,941 4,617 5,293 5,969 6,645 7,321 7,997 74 93 110 123 137 200% 2,655 3,348 4,042 4,735 5,428 6,122 6,815 7,508 8,202 76 94 113 126 139

Look down the column of the appropriate family size until locating the gross monthly family income level or just less than the family income. Look to the right to find the co-pay. *Non-court ordered kinship care parents and teen parents who are not Learnfare participants are subject to the minimum copay, which is found by selecting the lowest income line (70% FPL) and then finding the copayment listed for the appropriate number of children. Parents who have left a W-2 employment position for unsubsidized work also qualify for the minimum copay for one month. Children who are authorized for 20 hours or less are subject to one-half of their share of the family copay listed above. Foster care and kinship care parents who have court-ordered placement of a child, as well as Learnfare participants, subsidized guardians, and interim caretakers are not subject to copay requirements. Source: Department of Children and Families

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ATTACHMENT 5

Child Care Copayment Schedule for EBT Implementation*

Effective October 1, 2016

Use the family's monthly income and family size to determine the FPL percentage.

If the family's income is between two lines use the higher amount.

Gross Monthly Income by Family Size Monthly Copayment FPL 2 3 4 5 6 7 8 9 10+ Base Per Child

70% $935 $1,176 $1,418 $1,659 $1,901 $2,143 $2,385 $2,628 $2,871 $0 $25 75% 1,001 1,260 1,519 1,778 2,036 2,296 2,556 2,816 3,076 3 27 80% 1,068 1,344 1,620 1,896 2,172 2,449 2,726 3,003 3,281 9 29 85% 1,135 1,428 1,721 2,015 2,308 2,602 2,896 3,191 3,486 25 31 90% 1,202 1,507 1,823 2,133 2,444 2,755 3,067 3,379 3,691 41 32 95% 1,268 1,596 1,924 2,252 2,531 2,908 3,237 3,566 3,896 58 34 100% 1,335 1,680 2,025 2,370 2,715 3,061 3,408 3,754 4,101 67 36 105% 1,402 1,764 2,126 2,489 2,851 3,214 3,578 3,942 4,218 81 38 110% 1,460 1,848 2,228 2,607 2,987 3,367 3,748 4,130 4,511 91 40 115% 1,535 1,932 2,329 2,726 3,122 3,520 3,919 4,317 4,716 98 41 120% 1,602 2,016 2,430 2,844 3,258 3,673 4,089 4,505 4,921 109 43 125% 1,669 2,100 2,531 2,963 3,394 3,826 4,259 4,693 5,126 120 45 130% 1,736 2,184 2,633 3,081 3,530 3,979 4,430 4,880 5,331 137 47 135% 1,802 2,268 2,734 3,200 3,665 4,132 4,600 5,068 5,424 160 49 140% 1,869 2,352 2,835 3,318 3,801 4,285 4,771 5,256 5,741 170 50 145% 1,936 2,436 2,936 3,437 3,937 4,438 4,941 5,444 5,946 176 52 150% 2,003 2,520 3,038 3,555 4,073 4,591 5,011 5,631 6,151 186 54 155% 2,069 2,604 3,139 3,605 4,208 4,744 5,282 5,819 6,356 192 56 160% 2,136 2,688 3,240 3,792 4,344 4,897 5,452 6,007 6,561 203 58 165% 2,203 2,772 3,341 3,838 4,480 5,050 5,622 6,194 6,766 209 59 170% 2,270 2,856 3,443 4,029 4,616 5,203 5,793 6,382 6,971 216 61 175% 2,336 2,940 3,544 4,148 4,751 5,356 5,963 6,570 7,176 222 63 180% 2,403 3,024 3,645 4,266 4,887 5,510 6,134 6,758 7,382 231 65 185% 2,470 3,108 3,746 4,385 5,023 5,663 6,181 6,945 7,587 237 67 190% 2,537 3,192 3,848 4,503 5,159 5,816 6,474 7,133 7,792 244 68 195% 2,603 3,276 3,949 4,622 5,294 5,969 6,645 7,321 7,997 250 70 200% 2,670 3,360 4,050 4,740 5,430 6,122 6,815 7,508 8,202 256 72

*Schedule is effective only for payments processed via the EBT system. **Non-court ordered kinship care parents and teen parents who are not Learnfare participants are subject to the minimum copay, which is found by selecting the lowest income line (70% FPL) and then finding the copayment listed for the appropriate number of children. Parents who have left a W-2 employment position for unsubsidized work also qualify for the minimum copay for one month. Children who are authorized for 20 hours or less are subject to one-half of their share of the family copay listed above. Foster care and kinship care parents who have court-ordered placement of a child, as well as Learnfare participants, subsidized guardians, and interim caretakers are not subject to copay requirements.

Source: Department of Children and Families

Each family has a base copayment and an additional per-child amount.

The base copayment amount is adjust-ed based on the monthly child care hours for the family.

From To Monthly Monthly % Hours Hours Copay 0 20 10 21 40 25 41 80 50 81 999 100

The per child copayment amount is further adjusted based on the monthly hours for the individual child.

From To Monthly Monthly % Hours Hours Copay 0 15 10 16 30 20 31 45 30 46 60 40 61 75 50 76 90 60 91 105 70 106 120 80 121 135 90 136 999 100

For example: A one-parent family at 100 percent FPL with two children in care for 45 hours per week would have a base copay of $67 and a total per-child copay of $72.

Base Copay: $67 45 Hours/Week x 2 Children > 81 Monthly Hours 100 % Copay = $67 Per Child Copay: $36 45 Hours/Week > 136 Monthly Hours 100 % Copay = $36 ( x 2 Children) Total Per Child Copay: $72

$67 + $72 = $139 Total Monthly Copay: $139

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64

ATTACHMENT 6

W-2 Paid Placements by County

September, 2016

Caretaker

W-2 Full Prorated of At Risk

Agency Transition Job CSJ CSJ Newborn Pregnancy Total

Caretaker

W-2 Full Prorated of At Risk

Agency Transition Job CSJ CSJ Newborn Pregnancy Total

Adams 8 2 0 0 0 10

Ashland 2 5 3 0 0 10

Barron 4 7 3 3 0 17

Bayfield 1 1 1 1 0 4

Brown 44 80 11 26 2 163

Buffalo 0 1 0 1 0 2

Burnett 0 3 1 1 0 5

Calumet 6 7 2 3 0 18

Chippewa 4 5 0 1 0 10

Clark 0 1 1 0 0 2

Columbia 14 4 3 4 0 25

Crawford 2 5 1 0 0 8

Dane 80 107 23 33 1 244

Dodge 12 10 4 5 1 32

Door 7 4 0 5 0 16

Douglas 6 6 5 1 1 19

Dunn 10 20 5 2 1 38

Eau Claire 27 34 7 6 0 74

Florence 0 0 0 0 0 0

Fond du Lac 8 39 21 8 0 76

Forest 1 2 1 0 0 4

Grant 20 17 10 3 0 50

Green 13 4 0 1 0 18

Green Lake 8 8 2 4 0 22

Iowa 1 6 2 0 0 9

Iron 0 1 0 0 0 1

Jackson 2 4 0 0 0 6

Jefferson 24 9 6 0 0 39

Juneau 4 1 0 1 0 6

Kenosha 95 112 17 21 0 245

Kewaunee 3 2 0 0 0 5

La Crosse 22 20 6 12 1 61

Lafayette 1 0 0 0 0 1

Langlade 6 6 3 2 0 17

Lincoln 4 5 2 0 0 11

Manitowoc 4 15 4 2 0 25

Marathon 7 25 6 5 0 38

Marinette 4 7 3 1 0 14

Marquette 3 5 1 2 0 12

Menominee 0 2 0 0 0 3

Milwaukee 1,587 2,008 341 359 5 3,967

Monroe 4 10 0 6 0 15

Oconto 3 0 0 0 0 4

Oneida 9 7 3 2 0 22

Outagamie 29 39 1 7 1 71

Ozaukee 9 11 0 1 0 20

Pepin 2 1 0 0 0 7

Pierce 2 4 2 0 0 8

Polk 8 8 0 2 0 49

Portage 0 5 2 4 0 12

Price 5 2 0 2 0 12

Racine 56 128 33 34 2 220

Richland 3 11 0 0 0 16

Rock 100 65 17 17 2 190

Rusk 2 2 0 1 1 5

St. Croix 7 3 1 0 0 19

Sauk 17 7 1 5 2 27

Sawyer 0 3 0 1 0 6

Shawano 8 12 1 1 0 22

Sheboygan 18 34 4 7 0 60

Taylor 0 2 0 1 0 2

Trempealeau 4 3 1 0 0 8

Vernon 3 0 1 0 0 4

Vilas 2 1 1 1 0 4

Walworth 42 31 6 5 0 80

Washburn 0 2 2 0 0 25

Washington 11 14 2 3 0 27

Waukesha 41 23 12 5 0 88

Waupaca 12 10 3 0 0 25

Waushara 6 6 0 0 0 14

Winnebago 47 65 9 16 0 121

Wood 17 22 4 6 0 45

Total 2,511 3,131 601 640 20 6,903

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65

ATTACHMENT 7

W-2 Participants by Age

Including Subsidized Employment and Case Management Cases

September, 2016

Age of Number of

W-2 Participant Participants

Under 20 392

20-24 2,844

25-29 3,254

30-34 2,244

35-39 1,659

40 and over 1,861

Total Participants 12,254

Source: Department of Children and Families

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ATTACHMENT 8

Number of Children in W-2 Assistance Groups

September, 2016

Number of Number of Children Assistance Groups *

0** 134

1 5,806

2 3,376

3 1,808

4 or more 1,130

Total Groups 12,254

Average Number of Children 1.9

*Assistance groups may contain multiple participants

**At-risk pregnant women and case management only pregnant women

with no eligible children.

Source: Department of Children and Families

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ATTACHMENT 9

Interaction Between W-2 and Other Programs

September, 2016

• Nearly all W-2 participants are also enrolled in medical assistance. The

percentage of W-2 participants that were also enrolled in medical assistance in

September, 2016, was 98%.

• W-2 participants automatically meet the financial eligibility requirements for the

FoodShare program. The percentage of W-2 participants that were also receiving

FoodShare in September, 2016, was 93%.

• The percentage of W-2 participants determined eligible for child care subsidies in

September, 2016, was 38%.

Source: Department of Children and Families

12,254 11,998 11,388

4,693

0

2,000

4,000

6,000

8,000

10,000

12,000

14,000

W-2 W-2, Medical Assistance W-2, Food Share W-2, Child Care

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68

APPENDIX A

Nonfinancial Eligibility Requirements for

W-2 Employment Positions and Job Access Loans

1. The individual is a custodial parent who

has attained the age of 18.

2. The individual is a U.S. citizen or qualify-

ing alien who is: (a) lawfully admitted to the Unit-

ed States for permanent residence; (b) granted asy-

lum; (c) a refugee; (d) paroled into the U.S. for a

period of at least one year; (e) in the U.S. but

whose deportation is being withheld; (f) granted

conditional entry; (g) an Amerasian immigrant as

defined in section 584 of the Foreign Operations,

Export Financing and Related Programs Appro-

priations Act of 1988; (h) a Cuban and Haitian

entrant as defined in section 501(e) of the Refugee

Education Assistance Act of 1980; (i) a battered

immigrant or an immigrant whose child or chil-

dren have been battered, who is no longer residing

with the batterer; (j) certified as a victim of traf-

ficking; (k) an American Indian born in Canada

who is at least 50% American Indian by blood; (l)

an American Indian born outside of the United

States who is a member of a federally-recognized

Indian tribe; (m) lawfully residing in the United

States and is either an armed forces veteran who

received an honorable discharge, on active duty,

or the spouse of a veteran or an individual on ac-

tive duty; or (n) lawfully residing in the United

States and authorized to work by the immigration

and naturalization service.

3. The individual has residence in Wisconsin.

4. Every parent in the individual's W-2

group fully cooperates in good faith with efforts to

establish paternity of the dependent child and ob-

tain support payments or any other payments or

property to which that parent and the dependent

child may have rights, unless it is determined that

the parent has good cause for not cooperating. An

individual in the W-2 group who fails three times

to cooperate may not be eligible until all members

of the W-2 group cooperate or for a period of six

months, whichever is later.

Good cause for not cooperating includes the

following: (a) cooperation is reasonably anticipat-

ed to result in physical or emotional harm to the

child for whom support is being sought, or to the

parent with whom the child is living; (b) cooperat-

ing with the child support agency would make it

more difficult to escape domestic abuse or unfairly

penalize the individual victimized or at risk of be-

ing victimized of domestic abuse; (c) the child for

whom support is sought was conceived as a result

of incest or sexual assault; (d) a petition for the

adoption of the child has been filed with the court,

and proceeding to establish paternity or secure

support would be detrimental to the child; or (e)

the parent is being assisted by a public or private

social services agency in deciding whether or not

to terminate parental rights and the discussions

have not lasted for more than three months.

5. The individual furnishes the W-2 agency

with any relevant information that the agency de-

termines is necessary, within seven working days

after receiving a request for the information. The

agency may extend the seven-day requirement if

the agency determines that compliance within

seven days would be unduly burdensome for an

individual. W-2 agencies must keep all infor-

mation regarding victims of domestic abuse strict-

ly confidential, except to the extent needed to ad-

minister W-2.

6. The individual has made a good faith ef-

fort, as determined by the W-2 agency on a case-

by-case basis, to obtain employment and has not

refused a bona fide job offer within the 180 days

immediately preceding the application.

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69

7. The individual is not receiving federal or

state supplemental security income payments. If

the individual is a dependent child, the custodial

parent of the individual may not be receiving an

SSI caretaker supplement payment on behalf of

the individual. Under administrative rule, the indi-

vidual also may not be receiving federal social

security disability insurance payments.

8. On the last day of the month, the individ-

ual is not participating in a strike.

9. The individual applies for or provides a

social security number for all W-2 group mem-

bers.

10. The individual reports any change in cir-

cumstances that may affect his or her eligibility to

the W-2 agency within 10 days after the change. A

temporary absence of a child must be reported

within five working days.

11. If the individual has applied for W-2 with-

in the 180 days immediately preceding the current

application, the individual has cooperated with the

efforts of a W-2 agency to assist the individual in

obtaining employment.

12. No other individual in the W-2 group is a

participant in a W-2 employment position. This

provision does not apply to an individual applying

for a job access loan.

13. The individual is not a fugitive felon, or

violating a condition of probation, extended su-

pervision, or parole imposed under federal or state

law.

14. The individual assigns to the state any

right of the individual or of any dependent child of

the individual to support or maintenance from any

other person that accrues during the time that any

W-2 benefit is paid to the individual. No amount

of support that begins to accrue after the individu-

al ceases to receive benefits under W-2 may be

assigned to the state. Under Wisconsin law, all

support assigned to the state that does not have to

be provided to the federal government as the fed-

eral share of assigned support is passed through

to the family. Beginning October 1, 2010, the

amount passed through to the family (the state's

share) is 75% of the support amount.

15. The individual states in writing whether

the individual has been convicted in any state or

federal court of a felony relating to possession,

use, or distribution of a controlled substance.

16. The individual cooperates in providing

information needed to verify enrollment or good

cause for the Learnfare program.

17. The individual cooperates in the require-

ment to search for unsubsidized employment

throughout his or her participation in a W-2 em-

ployment position.

18. The individual cooperates in applying for

other public assistance programs or resources that

the financial and employment planner in the W-2

agency believes may be available to the individu-

al.

19. The individual cooperates with providing

eligibility information for other members of the

W-2 group.

20. The individual cooperates with providing

information for quality assurance reviews.

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70

APPENDIX B

General Provisions Regarding the Use of Federal Funding under

the Temporary Assistance for Needy Families Program

and the Child Care Development Block Grant

TANF Funding

Wisconsin's annual TANF block grant alloca-

tion from the federal government is currently

$318.2 million. Under federal law, a tribal organ-

ization in a state may elect to operate a separate

tribal public assistance program. For a tribe that

submits an acceptable plan, the federal govern-

ment will provide funding to the tribe and reduce

the state's TANF block grant by an equivalent

amount. After accounting for the nine separate

tribal programs (Bad River, Forest County Pota-

watomi, Red Cliff, Mole Lake Sokaogon, Lac du

Flambeau, Stockbridge-Munsee Mohican, Onei-

da, Menominee, and Lac Courte Oreilles), Wis-

consin's annual TANF grant is $313.9 million in

2016-17.

Congress reauthorized the TANF block grant

at the same funding level through September 30,

2010, by including the reauthorization provision

in the federal Deficit Reduction Act of 2005.

Since that time, the TANF program has been in-

crementally extended through April 28, 2017, by

the federal Claims Resolution Act of 2010, the

Middle Class Tax Relief and Job Creation Act of

2012, the Consolidated Appropriations Act of

2014, and a series of continuing resolutions.

In addition, state funding is provided for the

W-2 program under maintenance-of-effort re-

quirements. The MOE requirements are dis-

cussed in the following section.

General Requirements

There are three ways in which a state may use

TANF funds. First, a state may transfer up to

30% of the TANF block grant to the programs

funded by the federal child care block grant and

the social services block grant. Current federal

regulations limit the amount that can be trans-

ferred to the SSBG to 10% of TANF funds.

Second, a state may expend TANF funds for

any use that was allowable under the previous

AFDC, JOBS, emergency assistance, and child

care programs.

Third, a state may expend TANF funds in any

manner that is reasonably calculated to accom-

plish one of the purposes of the TANF program.

There are four purposes specified in federal law.

These are: (a) to provide assistance to "needy

families" so children may be cared for in their

homes or in the homes of relatives; (b) to end the

dependence of "needy parents" on government by

promoting job preparation, work, and marriage;

(c) to prevent and reduce the incidence of out-of-

wedlock pregnancies; and (d) to encourage the

formation and maintenance of two-parent fami-

lies.

Programs that meet the first or second pur-

poses of TANF must serve "needy" families or

parents. Generally, "needy" means having in-

come and assets at or below the income or asset

levels set by the state in the TANF plan submit-

ted to the federal government. Therefore, the

state may establish the level at which a family or

parent is considered needy. However, the state

must be able to justify that the income limit cho-

sen is a low-income standard.

In Wisconsin, the income limits range from

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115% of the federal poverty level for W-2 em-

ployment positions and up to a maximum of

300% of the federal poverty level for domestic

violence services by local domestic violence ser-

vice providers to assist victims of domestic vio-

lence.

Programs that meet the third and fourth pur-

poses of the TANF program can serve both needy

and non-needy families. Expenditures for non-

needy families under the third and fourth purpos-

es of TANF can only be funded with TANF and

not MOE, due to the definition of eligible fami-

lies for MOE funds discussed later in this appen-

dix.

Expenditures Classified as Assistance

The federal regulations make a distinction be-

tween an expenditure that provides "assistance"

and one that does not. Expenditures that are clas-

sified as "assistance" include cash, payments,

vouchers, and other forms of benefits designed to

meet a family's ongoing basic needs such as food,

clothing, shelter, utilities, household goods, per-

sonal care items, and general incidental expenses.

These benefits also include supportive services

such as child care and transportation for families

that are not employed.

Expenditures that are not considered "assis-

tance" include: (a) nonrecurring short-term bene-

fits that are designed to deal with a specific crisis

situation or episode of need, are not intended to

meet recurrent or ongoing needs, and will not

extend beyond four months; (b) work subsidies;

(c) supportive services such as child care and

transportation for families that are employed; (d)

refundable earned income tax credits; (e) contri-

butions to and distributions from individual de-

velopment accounts; (f) services such as counsel-

ing, case management, peer support, child care

information and referral, transitional services, job

retention, job advancement, and other employ-

ment-related activities that do not provide basic

income support; and (g) certain transportation

benefits related to the job access and reverse

commute program.

If the expenditure is for "assistance," then

several requirements will apply as discussed be-

low:

Child Living with Relative. States may only

provide TANF assistance to pregnant women and

men or women who have dependent minor chil-

dren living in the home. States may define fami-

lies to include noncustodial parents, who may

then engage in work activities, counseling, edu-

cational activities, parenting classes, or money

management classes.

Paternity Establishment and Assignment of

Child Support. Federal law requires families re-

ceiving TANF assistance to cooperate in estab-

lishing paternity for each minor child. If the indi-

vidual fails to cooperate with establishing pater-

nity and enforcing a support order with respect to

a minor child, the state is required to reduce the

amount of assistance provided to the family by

25%. The state may also deny the family any as-

sistance. In addition, any right a family member

may have to support from any other person must

be assigned to the state. These requirements do

not apply if the family has good cause to not co-

operate or meets another exception defined by

the state.

Time Limit. An individual may receive TANF

assistance for a maximum of 60 months. States

have the option to extend assistance paid for by

federal TANF funds beyond the five-year limit

for up to 20% of the average monthly number of

families receiving assistance during the fiscal

year or the immediately preceding fiscal year.

States can extend assistance on the basis of: (a)

hardship as defined by the state; or (b) the fact

that the family includes someone who has been

battered or subject to extreme cruelty.

If the federal government determines that a

state has not complied with the time limit, there

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72

will be a 5% grant reduction. The TANF regula-

tions indicate that this penalty may be avoided

only if: (a) the failure is due to extensions in

cases of domestic abuse; (b) the state had reason-

able cause due to natural disasters, incorrect fed-

eral guidance, or isolated problems of minimal

impact; or (c) the state achieves compliance un-

der a corrective compliance plan.

Work Participation Requirements. Federal

law requires that a work-eligible individual en-

gage in work once the state determines the indi-

vidual is ready, or after 24 months of receiving

TANF assistance, whichever is earlier. A work-

eligible individual is defined as an adult (or mi-

nor child head-of-household) who receives assis-

tance under TANF or a separate state program or

a non-recipient parent living with a child who

receives such assistance unless the parent is: (a)

a minor parent and not the head-of-household;

(b) a non-citizen who is ineligible to receive as-

sistance due to his or her immigration status; or

(c) on a case-by-case basis, an SSI recipient. A

work-eligible individual does not include a parent

providing care for a disabled family member, an

individual receiving MOE-funded assistance un-

der an approved tribal TANF program, or, on a

case-by-case basis, an SSDI recipient.

For purposes of this provision, the types of

required work activities are defined by the state.

If a parent or caretaker has received assistance

for two months, they must participate in commu-

nity service employment unless the recipient is

participating in work requirements or the state

has exempted the recipient from work require-

ments.

In addition, the state must meet certain mini-

mum work participation rates or incur financial

penalties. For purposes of the work participation

targets, federal law defines the types of activities

that may be counted. The state's work participa-

tion rates had been reduced based on caseload

reductions that have occurred since 1995. Under

the federal Deficit Reduction Act of 2005, begin-

ning in FFY 2007, the state's work participation

rates may be reduced based on caseload reduc-

tions that have occurred since 2005. However,

states may not count caseload reductions that

have occurred due to changes in federal require-

ments or state eligibility requirements. Finally,

states are also allowed to receive caseload reduc-

tion credit for excess MOE spending (the excess

MOE caseload credit is calculated by dividing

total annual excess MOE spending on assistance

by the average monthly expenditures for assis-

tance per case for the fiscal year).

In an information memorandum dated July

12, 2012, the federal Administration for Children

and Families, within the federal Department of

Health and Human Services (DHHS), indicated

that states may apply for a waiver of the work

participation requirements to encourage states to

consider new, more effective ways to meet the

goals of the TANF program. The information

memorandum indicated that the waiver applica-

tion should include approaches to increase em-

ployment outcomes. Subsequent communication

from the DHHS Secretary indicated that a waiver

would only be considered if the application con-

tained a plan to move at least 20% more people

from welfare to work than the current work par-

ticipation rates would require. Wisconsin did not

apply for a waiver.

Failure to comply with the minimum partici-

pation requirements may result in a penalty

which reduces the TANF grant by 5% to 21%,

depending on how many years the state fails to

meet the requirements and the degree of non-

compliance. Federal law states that grant reduc-

tions will be based on the degree of noncompli-

ance and penalties may be reduced if non-

compliance was due to a high rate of unemploy-

ment or extraordinary circumstances, such as a

natural disaster or regional recession.

Before any penalties are imposed, a state has

the opportunity to claim reasonable cause to

forgive the penalty. Further, a state may avoid the

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73

penalty by achieving compliance under a

corrective compliance plan approved by DHHS.

In addition to penalties for failing to comply

with the minimum participation requirements,

failure to establish or comply with work partici-

pation verification procedures, established under

the federal Deficit Reduction Act (DRA) of 2005,

could result in a grant reduction of 1% to 5%.

Failure to maintain adequate internal controls to

ensure a consistent measurement of work partici-

pation could also result in a grant reduction of

1% to 5%, depending on the number of years in

violation of this requirement.

Finally, recipients who refuse to work must be

penalized unless they have good cause as defined

by the state. The family's grant award must be

reduced at least by the pro-rata share of the

award for the time the family refused to comply

with work requirements. If a state does not

impose penalties on families, the TANF grant can

be reduced by 1% to 5%.

Table 15 shows the following information for

all families and two-parent families by federal

fiscal year: the original federal work participation

requirement; the credit Wisconsin received for

reduced caseloads; the adjusted target; and the

actual work participation rate. The percentage

credits for work participation rates in Table 14

from FFY 1998 through FFY 2006 are based on

caseload reductions that occurred since 1995.

Beginning with FFY 2007, the credits are based

on caseload reductions that occurred since 2005.

As shown in Table 15, Wisconsin previously

received substantial reductions to WPR targets

from decreases in caseloads. Before FFY 2007,

caseload reduction credits were based on

caseload statistics from 1995. Wisconsin, like

most states, saw substantial decreases in

caseloads following the initial welfare reforms

associated with W-2 and TANF. As a result,

Table 15: Work Participation Rates

All Families Two-Parent Families Federal Adjusted Federal Adjusted

FFY Target Credit** Target Actual Target Credit** Target Actual

1998 30% -42% 0% 64% 75% -73% 2% 39%

1999 35 -70 0 80 90 -70 20 56

2000 40 -50 0 73 90 -50 40 35

2001 45 -56 0 75 90 -56 34 39

2002 50 -54 0 69 90 -54 36 39

2003 50 -52 0 67 90 -69 21 40

2004 50 -50 0 61 90 -69 21 33

2005 50 -49 1 44 90 -69 21 26

2006 50 -53 0 36 90 -78 12 17

2007* 50 -19 31 37 90 -100 0 21

2008* 50 -54 0 37 90 -100 0 32

2009* 50 -24 26 40 90 -68 22 33

2010* 50 -24 26 43 90 -73 17 31

2011* 50 -50 0 38 90 -90 0 22

2012* 50 0 50 32 90 0 90 17

2013* 50 0 50 34 90 0 90 26

2014* 50 0 50 36 90 0 90 32

2015* 50 0 50 38 90 0 90 39

*Use 2005 as base comparative year, rather than 1995.

**Beginning in 2007, the credit includes the sum of the caseload reduction credit and the excess MOE

adjustment.

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Wisconsin could reliably earn credit adjustments

due to the much lower caseloads under the W-2

program. Beginning with FFY 2007, the DRA

changed federal law such that credit adjustments

would be based on 2005 caseloads and would

include families in separate state programs

funded with TANF MOE. As a result, earning

credit adjustments became more difficult.

DCF indicates that the causes of failing to

meet WPR targets include the following. First,

the recession in 2008 and subsequent recovery

period made it more difficult for W-2 agencies to

locate work experience sites to meet the demand

from increased caseloads. Second, DCF indicates

the change in contract structure and local

administration from counties to regional service

agencies with payment based-upon capitation and

performance directly resulted in a temporary

increase in caseloads. According to DCF, the

change in service delivery resulted in increased

caseloads by improving the efficiency and reach

of the W-2 program.

Third, Wisconsin has not received case

reduction credits since 2012, due to the changes

introduced by the DRA and the increases in

caseloads during the recession and recovery

period. MOE expenditures, though comparable to

previous years, have not been large enough to

compensate for the increase in caseloads in the

federal WPR case reduction credit formula.

Fourth, TANF regulations do not count

unsubsidized employment as a participating

activity unless the family receives a cash benefit,

whereas W-2 does not provide cash benefits to

such participants. As a result, participants who

have successfully transitioned to work under W-2

are not counted into the WPR. Finally, W-2

provides cash assistance to participants with

barriers to employment (such as transitional jobs

for those caring for a disabled family member),

whereas other states provide benefits to such

persons through separately funded state programs

(thereby avoiding TANF WPR regulations).

Since the activities assigned to such participants

only qualify towards the WPR for a limited

period of time, large numbers of participants are

counted as not being assigned any countable

work activities.

The federal Department of Health and Human

Services (DHHS) notified DCF via letter dated

May 28, 2015, that Wisconsin had failed to meet

the work participation targets for FFY 2012 and

therefore was subject to a potential fine of $11.8

million (5% of adjusted TANF block grant). Via

letter dated July 24, 2015, DCF agreed to enter

into a corrective compliance plan in order to

avoid the penalty and to come into compliance by

the end of FFY 2016. DCF requested to be

released from additional penalties for FFY 2014

and 2015 due to the lateness of the notification

from DHHS, thereby impeding the state's ability

to enact a timely corrective compliance plan.

DHHS notified DCF via letters dated January

11, 2016, and July 26, 2016, that Wisconsin had

failed to meet the work participation

requirements for FFY 2013 and FFY 2014 and

therefore is subject to potential penalties of $15.1

million and $19.8 million, respectively. DCF

indicates that it intends to appeal these penalties.

DCF will be subject to increasingly larger

penalties each year the state fails to meet federal

WPR targets.

Changes under the corrective compliance plan

include the following. First, pursuant to changes

made under 2015 Act 55, DCF has strengthened

program policies for sanctioning non-complying

participants with reduced benefits and case

closures for refusing to participate in assigned

work activities. This removes non-complying

individuals from the WPR calculation. Second,

DCF has issued best practice administrative

guidelines to W-2 agencies to better assign and

document a sufficient number of countable work

activities. Third, DCF added additional incentive

payments for W-2 agencies (which are

compensated on an outcome basis as opposed to

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a cost basis). DCF has changed incentive

payments under the W-2 contracts to better

reward those agencies that meet the federal work

participation requirements. Finally, DCF will

revise TANF data reporting so that all parents

receiving social security disability income are

properly excluded from WPR calculations. This

would improve the state's WPR since such

persons are not assigned countable work

activities.

Despite these changes, DCF indicates that

Wisconsin likely did not meet the WPR

requirements for FFY 2016. DCF will continue to

monitor work participation and implement

changes within W-2 to improve performance.

Minor Parents. Assistance may be provided

to unmarried minor parents only if the minor par-

ent has a high school diploma or participates in

educational activities toward attaining a high

school diploma or its equivalent. In addition, no

assistance may be provided to unmarried minor

parents who are not living in an adult-supervised

living arrangement.

Data Reporting. States are required to report

detailed information regarding individuals and

families receiving TANF assistance. This infor-

mation includes demographic information and

detail on the type, amount, and length of assis-

tance received.

Fraud Cases. States are required to deny as-

sistance for a period of ten years to individuals

convicted in federal or state court of having made

a fraudulent statement or representation with re-

spect to the individual's place of residence in or-

der to receive TANF assistance, Medicaid, or

food stamps simultaneously in two or more

states.

Fugitive Felons and Drug Felons. States are

required to deny assistance to fugitive felons and

persons violating a condition of parole under

state or federal law. In addition, individuals con-

victed of a felony involving possession, use, or

distribution of a controlled substance after Au-

gust, 1996, are barred from receiving assistance

from TANF or food stamps. However, the family

of the drug felon can receive a reduced amount

from these grants. States may opt out of the drug

felon prohibition or limit the prohibition to a cer-

tain time period.

Accessing Benefits. The federal Middle Class

Tax Relief and Job Creation Act of 2012 requires

states to establish policies that prevent TANF

recipients from accessing benefits at automated

teller machines located in liquor stores, casinos,

or adult entertainment establishments.

Expenditures Classified as "Non-Assistance"

If the expenditure can be classified as "non-

assistance," the following TANF requirements do

not need to apply: presence of a child living with

a relative; assignment of child support and coop-

eration with paternity establishment; time limit

on assistance; work requirements and sanctions;

requirements on minor parents; data reporting

requirements; and exclusions for fraud cases, fu-

gitive felons, and drug felons. Financial eligibil-

ity levels for non-assistance can be higher or

lower than for cash assistance. The different re-

quirements for "assistance" versus "non-

assistance" are shown in Table 16.

Other Restrictions

Whether for "assistance" or "non-assistance,"

federal law contains other restrictions regarding

the use of TANF funds.

Medical Services. Federal law prohibits

TANF funds from being used for medical ser-

vices, except pre-pregnancy family planning ser-

vices. States may use TANF funds for non-

medical substance abuse treatment services, in-

cluding room and board costs at residential

treatment programs.

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Table 16: Overview of TANF Provisions Under Different Funding Configurations Provision

Federally Funded TANF "Assistance" Programs & "Assistance" Programs

Funded with Commingled TANF and MOE Funds

Federally Funded TANF "Non-Assistance" Programs & "Non-

Assistance" Programs Funded with Commingled TANF and MOE Funds

TANF Programs Funded with Segregated State MOE Funds

Separate State MOE Programs

State required to set income standards

If TANF only, income standard only required for 1

st and 2

nd purposes of

TANF. If comingled, income standard required for all TANF purposes.

If TANF only, income standard only required for 1

st and 2

nd purposes of

TANF. If comingled, income standard required for all TANF purposes.

Yes Yes

Allowable expenditures (1) Expenditures meeting the TANF purposes; or (2) expenditures authorized under old AFDC, JOBS, emergency assistance, and child care programs

(1) Expenditures meeting the TANF purposes; or (2) expenditures authorized under old AFDC, JOBS, emergency assistance, and child care programs

Must be for purposes of TANF and for cash assistance, child care, certain education, administrative costs or other activities related to TANF purposes

Same as prior column

Child living with relative requirement

Yes No Yes Yes

Child support assignment and paternity cooperation requirements

Yes No Yes No

Time limit on assistance

Yes No No No

Work requirements

Yes No Yes Yes, if MOE is for "assistance"

Work sanctions

Yes No Yes No

Minor parent requirements

Yes No No No

Data reporting requirements

Yes No Yes Yes, if states want caseload reduction credit

Fraud case exclusion

Yes No No No

Fugitive felons exclusion

Yes No No No

Drug felons reduced benefits

Yes No Yes No

Medical services

Only pre-pregnancy family planning Only pre-pregnancy family planning No specific restriction No specific restriction

Non-displacement

Yes Yes No No

15% administrative cap Yes Yes Yes Yes

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Legal Immigrants. Federal law contains cer-

tain restrictions on using federal TANF funds to

provide assistance to families that include a qual-

ified legal immigrant, depending upon the indi-

vidual's immigration status and when the person

entered the United States.

States have the option to provide TANF assis-

tance to all qualified legal immigrants who en-

tered the U.S. prior to August 22, 1996. Qualified

legal immigrants are defined as lawful permanent

residents, refugees, asylees, those granted parole

for more than one year, those whose deportation

has been withheld, those considered conditional

entrants before 1980, Cuban and Haitian entrants,

and certain victims of domestic violence.

Qualified legal immigrants who enter the U.S.

after August 22, 1996, are not eligible for assis-

tance funded with federal TANF dollars until five

years after the date they enter. After this time, the

state has the option to provide assistance to these

families.

However, the following qualified aliens are

exempt from this five-year ban: refugees,

asylees, immigrants who have been granted with-

holding of deportation, Amerasian immigrants,

Cuban-Haitian refugees, veterans, active duty

military personnel, and spouses and dependents

of veterans or active duty military personnel.

Immigrants who are not qualified generally

include unauthorized immigrants, immigrants

who are categorized as persons residing under the

color of law (PRUCOL aliens), students, tourists,

and asylum applicants. These nonqualified immi-

grants are ineligible for TANF funded assistance.

Non-Displacement. TANF funds may not be

used to fill a job vacancy when another individu-

al has been laid off from the same or any substan-

tially equivalent job. In addition, an employer

cannot terminate a regular employee in order to

fill the vacancy with a TANF-funded position.

Administration. Administrative costs may not

exceed 15% of all TANF expenditures. Expendi-

tures of federal funds for information technology

and computerization needed for tracking or moni-

toring activities are not subject to the 15% limit.

Penalties. Federal law includes several penal-

ties that may be imposed against the state for fail-

ing to meet various requirements of the TANF

program. Penalties are generally taken as a per-

centage of the state's TANF block grant. If the

TANF block grant is reduced, the state must ex-

pend its own funds in the following fiscal year to

replace the reduction in the grant. If the state fails

to expend its own funds, an additional 2% of the

block grant plus the amount the state has failed to

expend of its own funds may be reduced from the

state's block grant. The total reduction in the

state's grant may not exceed 25%. If the reduction

exceeds 25%, the federal government will con-

tinue to apply a penalty in subsequent years until

the full amount of the penalty is taken.

States can avoid some penalties by demon-

strating reasonable cause or by obtaining approv-

al of a corrective compliance plan which identi-

fies time periods and milestones to correct the

problem. Reasonable cause can only be due to

natural disasters, incorrect federal guidance, or

isolated problems of minimal impact. If a state

fails to meet the provisions of its corrective com-

pliance plan but made significant progress or

could not correct the problem because of a natu-

ral disaster or recession, the federal government

may impose a lower penalty.

Child-Only Cases

In some cases, only the child receives assis-

tance. In Wisconsin, this is the case for the kin-

ship care program and the SSI caretaker supple-

ment. Under the federal Deficit Reduction Act of

2005, a non-recipient parent living with a child

receiving assistance is a work-eligible individual

subject to work participation requirements, unless

the parent is: (a) a minor parent who is not a

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78

head-of-household; (b) an alien who is ineligible

to receive assistance due to his or her immigra-

tion status; or (c) an SSI or SSDI recipient, on a

case-by-case basis. Formerly, work participation

requirements did not apply to child-only cases

because the parent did not receive assistance.

Maintenance-of-Effort (MOE) Requirements

Under federal law, a state must spend an

amount of state dollars equal to 75% of historic

state expenditures if the state meets federal man-

datory work requirements, or 80% if the state

does not meet these requirements. Historic state

expenditures generally means federal fiscal year

1994 expenditures for the former AFDC and

JOBS programs, AFDC-emergency assistance,

AFDC-related child care, and at-risk child care.

In addition, the MOE requirement may be re-

duced by the percentage reduction in the state's

TANF block grant attributable to tribal programs.

After adjusting for tribal TANF, the state's

basic annual MOE requirement is $178.4 million

based on 80% of historic state expenditures. The

major provisions regarding expenditures of state

dollars that could count toward the MOE re-

quirement are described in the following sections.

Unless expenditures are for non-assistance

pro-family activities, in order to count toward the

maintenance-of-effort requirement, expenditures

must be made for "eligible families." Eligible

families must meet the income and resource re-

quirements for needy families under the TANF

program. In addition, an eligible family must

have a minor child living with a parent or include

a pregnant individual.

Expenditures for eligible families that may

count toward the MOE include: (a) cash assis-

tance; (b) child care assistance; (c) educational

activities to increase self-sufficiency, job train-

ing, and work; (d) any other use of funds that

would accomplish the purposes of the TANF

program, described in the previous section (in-

cluding nonmedical treatment services for alco-

hol and drug abuse, some medical treatment ser-

vices, and pro-family activities that do not consti-

tute assistance); and (e) up to 15% can be used

for administrative costs. MOE funds can be used

for activities that are classified as "assistance" as

well as "non-assistance." Expenditures for educa-

tional activities may not include public education

expenditures, unless the expenditure is for ser-

vices to a member of an eligible family to in-

crease self-sufficiency, job training, and work

and is not generally available to persons who are

not members of eligible families. Expenditures

for child care can include state funds to meet the

requirements of the matching fund for the child

care development block grant.

Expenditures in state- or local-funded pro-

grams can count towards the MOE requirement

only if: (a) the expenditures exceed the amount

expended for the same program in FFY 1995; or

(b) the expenditures would have been previously

authorized and allowable under the former

AFDC, JOBS, or emergency assistance pro-

grams. State funds used to meet the healthy mar-

riage promotion and responsible fatherhood grant

match requirement may also count to meet the

MOE requirement provided the expenditure also

meets all the other MOE requirements.

Unlike TANF expenditures, MOE funds can

be used for services to all lawfully present immi-

grants, medical services, and persons who have

reached the time limit for assistance.

Expenditures for eligible families that count

toward MOE may not include expenditures of

any federal dollars, state expenditures under the

Medicaid program, any state funds used to match

federal funds or spent as a condition of receiving

federal funds, expenditures that a state made in a

prior fiscal year, expenditures used to match fed-

eral welfare-to-work funds, and expenditures

made to replace reductions resulting from penal-

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79

ties. However, matching expenditures for the

healthy marriage promotion and responsible fa-

therhood grant may be counted as MOE.

Under federal law, the state's basic TANF

grant will be reduced by the amount, if any, by

which qualified state expenditures in the previous

year are less than the MOE requirement.

States may spend their MOE funds in three

different funding configurations: commingled

with TANF funds; segregated from TANF funds

but spent on services that are funded with TANF

funds; and through a separate state program. De-

pending on how the funds are spent, varying fed-

eral requirements will apply. These requirements

are summarized in Table 16.

(a) Commingled with TANF. State MOE funds

may be commingled with TANF revenues. These

funds are subject to federal funding restrictions,

TANF requirements, and MOE limitations. If the

expenditure qualifies as "assistance," all of the

"assistance" requirements apply.

(b) Segregated from Federal Funds but Spent

in TANF. If a state chooses to segregate its MOE

expenditures from federal funds but spend them

on services that are also funded with TANF

funds, many of the TANF requirements will ap-

ply, including the work participation require-

ments, child support assignment, and reporting.

However, time limits and some federal require-

ments do not apply such as restrictions for minor

parents.

(c) Separate State Programs. A state can

choose to use a separate state program operated

outside of the TANF program. These expendi-

tures are very flexible and are not subject to the

general TANF requirements such as work sanc-

tions, time limits, and child support assignment,

even if the expenditures would be normally clas-

sified as "assistance." However, they must be

consistent with the goals of the TANF statute and

other MOE requirements. They are also subject

to the 15% administrative cap for MOE and case-

record reporting requirements.

DCF reported MOE in the amount of $267.8

million to the federal government for FFY 2015,

which was mostly comprised of the following

sources: W-2 benefits, educational support ser-

vices to needy students, low income energy assis-

tance program, kinship care, local W-2 agencies

spending, and the SSI caretaker supplement.

Contingency Fund

The federal Personal Responsibility and Work

Opportunity Reconciliation Act of 1996 changed

public assistance from an entitlement to a capped

block grant. A contingency fund was also estab-

lished to provide additional matching grants to

states during times of economic downturns if cer-

tain conditions are met.

Eligibility

In order to receive a payment of contingency

funds, a state must: (a) be a needy state; and (b)

submit a request for contingency funds during an

eligible month.

A state is defined as needy in two ways. First,

a state is needy if the average rate of total unem-

ployment for the most recent three-month period

equals or exceeds 6.5% and this average rate

equals or exceeds 110% of the average rate for

either of the corresponding three-month periods

in the two preceding calendar years. Second, a

state is needy if the Secretary of the federal De-

partment of Agriculture has determined that the

average number of individuals participating in

the FoodShare program has grown at least 10%

in the most recent three-month period over the

corresponding three-month period in 1994 or

1995 (whichever year had the lower caseload).

If a state is determined needy for a given

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80

month, the state is then eligible to receive a pro-

visional payment of contingency funds for two

consecutive months.

Payments to States

Payments from the contingency fund are

made to states determined to be needy in the or-

der in which the requests for payments are made.

The total number of payments made cannot ex-

ceed the amount appropriated for this purpose.

The maximum amount of payments in a year

is 20% of the state's TANF block grant. A state

can only receive a portion of this 20% that corre-

sponds to the number of eligible months for

which the state has requested contingency funds.

For example, if a state has requested contingency

funds for three months of the fiscal year, the

maximum the state could receive in contingency

funds is 25% (three months is 25% of a year) of

the 20% of the state's TANF block grant (or 5%

of the TANF block grant).

States must spend contingency funds in the

fiscal year in which they are awarded. None of

the funds may be transferred to any other block

grant. The restrictions and prohibitions regarding

TANF funds also apply to contingency funds.

The appropriation for the TANF contingency

fund was eliminated under the federal Claims Re-

settlement Act of 2010. As a result, the state did

not apply for TANF contingency funds in FFY

2010. However, the Protect Our Kids Act of

2012, the Consolidated and Further Continuing

Appropriations Act of 2015, the Consolidated

Appropriations Act of 2016, and a series of con-

tinuing resolutions retained the appropriation and

continued to provide funding for the contingency

fund. Therefore, the state applied for contingency

funds, and was determined to be a needy state, in

FFY 2009, and FFY 2011 through FFY 2015.

The state received $62.9 million in contingency

funds in FFY 2009, $15.7 million in FFY 2011,

$27.7 million in FFY 2012, $26.4 million in FFY

2013, $30 million in FFY 2014, $35.0 million in

FFY 2015, and $30.8 million in FFY 2016.

Whether TANF contingency funds will continue

to be available depends on TANF reauthorization

language or language contained in any other con-

tinuing resolutions.

Maintenance-of-Effort and Match Require-

ments

In order to receive contingency funds, a state

must spend an amount of state dollars equal to

100% of historic state expenditures. Adjusted for

tribal allocations, 100% of historic state expendi-

tures (MOE for TANF contingency funds) totals

$223 million for Wisconsin. In addition, a state

must provide matching funds at the state's federal

medical assistance percentage applicable for the

fiscal year in which funds are awarded.

States must complete an annual reconciliation

to determine how much, if any, of the contingen-

cy funds received in a fiscal year may be retained

based on maintenance-of-effort and matching

funds expended. If, based on the annual reconcil-

iation, it is determined that the state failed to

meet the maintenance-of-effort and/or matching

requirements, then the state must pay back all, or

a portion, of the contingency funds. These funds

must be paid back within one year after it is de-

termined that the state is no longer a needy state.

The one-year period begins after the state fails to

meet the definition of "needy" for three consecu-

tive months.

If a state fails to pay back the contingency

funds, the state's TANF block grant for the next

fiscal year is reduced by the amount of contin-

gency funds that was required to be paid back.

Federal Child Care Program and Funding

The Child Care Development Fund (CCDF) is

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a federal funding source for child care subsidies

and quality improvement. The term "CCDF" does

not actually appear in the federal statutes, but ra-

ther is derived from regulatory nomenclature to

refer to two different funding sources: the Child

Care and Development Block Grant (CCDBG)

Act and the Social Security Act.

CCDF provides a combination of discretion-

ary and entitlement funds for child care services

for low-income families and to improve the

quality and supply of child care for all families.

States receiving CCDF funding must: (a) support

child care workforce training and professional

development; (b) develop and use early learning

and developmental guidelines; (c) develop or en-

hance a tiered quality rating system for child care

providers and services; and (d) improve the sup-

ply and quality of child care programs and ser-

vices for infants and toddlers.

States must submit three-year plans to DHHS,

in conformance with federal requirements, outlin-

ing how child care programs will be adminis-

tered. The plan must establish that the state has

conducted a cost estimate or statistically valid

and reliable survey of the market rates for child

care. States are also required to submit disaggre-

gated data on children and families receiving

subsidized child care to DHHS every quarter and

aggregate data annually. States must also report

error rates and improper payments.

The Child Care and Development Block

Grant Act of 2014 reauthorized the program

through federal fiscal year 2020. Pursuant to the

Act, states are authorized to request the Secretary

of DHHS for relief from any provision of federal

law (including a regulation, policy, or procedure)

affecting the delivery of child care services with

federal funds that conflicts with any CCDBG re-

quirement.

Financing

States receive CCDBG discretionary funds

based on each state's share of children under age

five, the state's share of children receiving free or

reduced-price lunches, and state per capita in-

come. There is no state matching requirement for

discretionary funds. Discretionary funds must be

obligated in the year received or in the following

year. Unused funds are reallocated.

Entitlement funds under the Social Security

Act are allocated to states in two components.

First, each state receives a fixed amount based on

funding received under the three child care pro-

grams previously authorized under AFDC. These

funds are often referred to as "mandatory" funds.

States are not required to match mandatory enti-

tlements, which remain available until expended.

Second, after the mandatory entitlements are

allocated, any remaining entitlement funds are

distributed under the Social Security Act accord-

ing to each state's share of children under age 13.

States must meet maintenance-of-effort and

matching requirements for these funds. Specifi-

cally, states must spend all of their "mandatory"

entitlement funds plus state funds equal to 100%

of the amount spent in FFY 94 or FFY 95,

whichever is higher, under the AFDC-related

child care programs. In addition, states must pro-

vide matching funds at the medicaid matching

rate (approximately 58% in Wisconsin). Match-

ing funds must be spent within the year received

or obligated in the year received and spent within

the next fiscal year.

Wisconsin's CCDF funding for FFY 2016 to-

taled $95.2 million, which is made up of the fol-

lowing allocations: (a) $41.6 million in discre-

tionary funds; (b) $24.5 million in mandatory en-

titlement funds; and (c) $29.1 million in match-

ing entitlement funds (including re-allotted FFY

2015 federal matching funds). Tribes in Wiscon-

sin received $1.8 million for FFY 2016.

Eligibility

Under the federal CCDF program, states are

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allowed to provide services to children in fami-

lies with income equal to or less than 85% of the

state median income for a family of the same

size. Family assets may not exceed $1 million.

According to the U.S. Census Bureau Ameri-

can Community Survey, the estimated median

income for a Wisconsin family of four in 2015 is

$88,133 (85% of which is equal to $74,913). As

noted, Wisconsin limits initial eligibility for the

W-2 child care program to families with income

of no more than 185% of the federal poverty lev-

el ($44,955 for a family of four in 2016), who

remain eligible until income exceeds 200% of

poverty ($48,600 for a family of four in 2016).

The children must be less than 13 years old

and living with parents who are working or en-

rolled in school or training, or be in the need of

protective services. Federal regulations also al-

low, at the state's option, children over the age of

12 and under 19 to be eligible if the child is phys-

ically or mentally incapable of caring for himself

or herself.

The Child Care and Development Block

Grant Act of 2014 established a 12-month eligi-

bility redetermination period for CCDF families

regardless of temporary changes in participation

in work, training, or education activities and

changes in income (so long as income does not

exceed the federal threshold amount of 85% of

state median income). Thus, the eligibility re-

quirements under the CCDF program are general-

ly considered to be met for a period of 12

months. States have the option to terminate assis-

tance prior to eligibility redetermination if a par-

ent loses employment, but must continue assis-

tance for at least three months to allow for job

search.

Furthermore, the CCDBG Act of 2014 re-

quires states to implement a graduated phase out

of assistance for participating families whose in-

come has increased above the state eligibility

limit at re-determination but not by enough to

exceed the federal eligibility threshold. DCF in-

dicates that Wisconsin meets the phase-out re-

quirement by using an financial eligibility exit

threshold of 200% compared to an initial thresh-

old of 185%.

Federal CCDBG funds do not guarantee child

care to an eligible family. However, single par-

ents with children under the age of six who can-

not find child care may not be penalized for fail-

ure to engage in work activities.

Use of Funds

There are a number of federal provisions re-

lated to the states' use of CCDBG funds. These

requirements include:

a. Federal law requires states to use at least

70% of their total entitlement funds for child care

services for families that are trying to become

independent of TANF through work activities

and families at risk of becoming dependent on

TANF. States must ensure that a substantial por-

tion of remaining funds is used to provide assis-

tance to other low-income working families.

b. CCDBG funds may be used for child

care services provided on a sliding fee scale.

Federal regulations specify that fees be based on

family size and income. States are also allowed to

waive child care fees for families with incomes at

or below the poverty level. Payment rates must

ensure equal access for eligible children as com-

pared to services provided to children whose par-

ents are not eligible for child care subsidies.

c. CCDBG funds may be used to establish

or support a system of local or regional child care

resource and referral organizations.

d. States are required to spend the following

percentages of their child care allotments (discre-

tionary and entitlements) to improve the quality

of child care: (1) no less than 7% in FFY 2016

and 2017; (2) no less than 8% in FFY 2018 and

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2019; and (3) no less than 9% in each fiscal year

after FFY 2019. In addition, by FFY 2017 at least

3% of such funds must be spent to improve the

quality of care for infants and toddlers each year.

e. Child care providers must meet all state

and local registration, licensing, and regulatory

requirements in order to receive federal funds.

States are also required to have licensing re-

quirements in effect. States must establish mini-

mum health and safety standards covering pre-

vention and control of infectious diseases (in-

cluding immunization), building and physical

premises safety, and health and safety training.

f. Parents must be given an option to enroll

their children with a provider under contract with

the state or be given a certificate or voucher to

receive services from an eligible provider of the

parent's choice. Eligible providers may also in-

clude individuals age 18 and older who provide

child care for their grandchildren, great grand-

children, nieces or nephews, or siblings if the

provider lives in a separate residence.

g. There are specific federal requirements in

regard to sectarian providers of child care ser-

vices. Funds received through direct grants or

contracts with a government agency may not be

used for any sectarian purpose or activity, includ-

ing religious worship, and instruction. However,

a sectarian provider that receives a child care cer-

tificate or voucher from a parent is not so re-

stricted.

h. No more than 5% of a state's federal

child care allotment may be used for administra-

tive costs.

i. States must conduct background checks

covering the previous ten years of child care pro-

viders and their employees who receive support

via CCDBG-funded programs. Child care pro-

viders which receive funding from CCDBG pro-

grams may not employ any individual who: (1)

refuses to consent to a criminal background

check, (2) knowingly makes a materially false

statement in connection with such a background

check, (3) is registered or is required to be regis-

tered on a state sex offender registry or the Na-

tional Sex Offender Registry, or (4) has been

convicted of one or more specified felonies, such

as child abuse, kidnapping, and drug-related of-

fenses.